FILLMORE : Man Pleads Not Guilty to Assault

A Fillmore man who told authorities he is infected with the virus believed to cause AIDS pleaded not guilty Wednesday to an assault charge stemming from an incident in which he allegedly scratched, punched and attempted to bite an emergency room physician.

Bail was set at $25,000 in Newhall Municipal Court for David Detoth, 45, charged with assaulting a doctor Saturday night during a visit to the emergency room at Henry Mayo Newhall Memorial Hospital. A preliminary hearing is scheduled for March 31.

Detoth declined a request by the district attorney to submit to an HIV test, though he allegedly bragged that “I’ve been HIV since 1983” after the attack.

Authorities said if Detoth continues to refuse, a judge could order him to be tested if there is sufficient evidence that bodily fluids were exchanged during the attack.

If he tests positive for the virus that causes acquired immune deficiency syndrome, he could face an additional charge of assault with the intent to do great bodily injury, Los Angeles County Deputy Dist. Atty. Dan Damon said.

Defense attorney John Ponist told Judge H. Keith Byram that Detoth says he has cancer over much of his body and suffers from bleeding in his stomach.

Ponist said outside the courtroom that the weekend attack may have been related to medication the defendant was taking.

Authorities said the attack occurred about 9:50 p.m. after Detoth was brought to the hospital in pain by a friend. He became enraged when hospital staff members refused to give him pain killers and allegedly attacked a doctor.

Damon said there is concern for the well-being of the doctor, whose identity was not released.