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Santa Clarita / Antelope Valley : Man Denies Assaulting Physician : Court: Fillmore resident who says he is HIV- positive pleads not guilty in hospital attack.

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SPECIAL TO THE TIMES

A Fillmore man who told authorities that 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, although he allegedly bragged “I’ve been HIV since 1983” after the attack.

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Authorities said that if Detoth continues to refuse testing 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 AIDS he could face the additional charge of assault with the intent to do great bodily injury, Deputy Dist. Atty. Dan Damon said.

Judge H. Keith Byram granted a request by Detoth’s attorney that Detoth be examined by a physician while in custody. Defense attorney John Ponist told the judge that Detoth says he has cancer over much of his body and suffers from stomach bleeding.

Authorities said the attack occurred about 9:50 p.m. after a friend brought Detoth to the hospital in pain. He became enraged when the hospital staff refused to give him painkillers and allegedly attacked a doctor. During the scuffle the doctor was scratched and punched several times about the head and face, but managed to fend off Detoth’s attempts to bite him.

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