Murder Charge Won’t Be Filed in AIDS Case

Attempted murder charges will not be filed against a Port Hueneme AIDS patient accused of sexually molesting a 6-year-old boy, an official in the Ventura County district attorney’s office said Friday.

Gerardo Martinez, 31, has been charged with one count each of sodomy, child molestation and assault for the alleged attack, which he revealed during a group counseling session for sufferers of the deadly AIDS virus, officials said.

But Deputy Dist. Atty. Deborah S. Elliot, who earlier this week said she was considering filing attempted murder charges, said she cannot prove that Martinez intended to kill the boy with the virus.

“For attempted murder, you need to prove that,” Elliot said. “It’s very frustrating to me. There’s nothing else I can think of to charge him with.”

The alleged assault took place last month, and authorities said it will take at least one to five more months to find out whether the boy contracted the virus.

Police said they learned of the incident after Martinez’s counselor, required by law to report suspected child abuse, relayed the disclosure to the Ventura County Public Social Services Agency.