Sunday, June 12, 2005 | ||
Bad Links? | Back to jailBond revoked for HIV-positive defendantBy LEE WILLIAMS Griffin Judicial Circuit Superior Court Judge Johnnie Caldwell Jr. agreed with the states position that an HIV man charged with continuing to have unprotected gay sex without informing his partner in Atlanta violated the terms of his bond and ordered him to trade in his clothes for a county jumpsuit. Garry Wayne Carriker II, 26, of 205 Pine Trail Road, Fayetteville, was ordered to return to the county lockup following a 30-minute bond revocation hearing held about 9 a.m. Friday at the Fayette County Courthouse. I dont know the status of the one in Fulton County, Caldwell said. I dont know the credibility of it one way or another. Im not quoting on the credibility of that or not, but in fact the charge has in fact been made and since he is on bond for the exact same crime regardless of what the crime is, Im going to have to revoke his bond for this one down here. Now if something happens with that case in Fulton County or if something happens here, well revisit the bond issue, but Im going to revoke his bond at this time. At the request of deputies, Carriker stood up, handed his cellphone and other personal items to an elderly man and woman and walked out of the courtroom unrestrained. His face showed no emotion. The case against Carriker began in Fayette County when a Peachtree City man reported he had sex with him without disclosing his HIV status, contrary to Georgia law. The two were sexually involved from Dec. 10, 2003 to April 30, 2004. The Peachtree City man took out a criminal warrant with the Fayette County Magistrates Office and Carriker, an Emory medical student, was arrested Nov. 3. The 1997 Fayette County High graduate was released from the Fayette County Jail after posting a $5,600 bond. Since his release from Fayette County Jail, two other Atlanta men have made claims that Carriker had unprotected sex with them and failed to disclose his HIV status. Carriker was arrested again in Atlanta in April 2005, and released on a $25,000 bond. He now faces three counts of felony reckless conduct. One of the relationships took place after Carriker was released from the Fayette County Jail, which is why a bond revocation hearing was scheduled. Only the case involving a 38-year-old Atlanta man was discussed during the hearing. Griffin Judicial Circuit Chief Assistant District Attorney Al Dixon presented the states case during the proceeding. Fayetteville Attorney George Sparrow Jr. represented Carriker, who appeared in court in a black suit and a blue patterned tie. We filed a motion to revoke Mr. Carrikers bond due to the fact that he has continued to commit additional crimes after he was released on bond from his charge in Fayette County, Dixon said. Dixon gave the judge a brief history of the case and told the judge that Carriker was indicted on one felony count of reckless conduct by the Fayette County Grand Jury in March 2005. After Mr. Carrikers arrest and once after being released on bond from Fayette County, he was subsequently arrested in April 2005 by the City of Atlanta Police Department on a similar exact charge for having sexual relations without advising the victim that he had HIV, Dixon said. That crime in that case started in January 2005, clearly after the time of his release from Fayette County on bond. The second position, your honor, is that Mr. Carriker has broken the law in this continued type of activity and would be a danger to have walking out in society. Dixon asked the judge to revoke Carrikers bond. However, Sparrow tried to paint a different picture of the Atlanta case on Carrikers behalf. He told the judge he was not representing Carriker in the Atlanta case, but submitted that Carriker disputes the claim. He also offered that Carriker was receiving counseling from the Behavior Medical Institute in Atlanta. He said there was progress and expected success. As Sparrow took his seat, Dixon called Investigator Cathy Lyons, a detective in the APD Special Victims Unit, to take the stand. Lyons said the victim reported Carriker did not disclose his HIV status until after they had consensual sex. She told the judge that after they had consensual sex, Carriker told the victim that he had some legal problems in Fayette County. The victim researched it, learned of Carrikers arrest in Fayette County for failing to disclose his HIV status to the Peachtree City man and came forward. The Peachtree City resident has since filed a civil suit against Carriker seeking damages for the extreme and severe emotional distress arising from fear of developing HIV, according to court records. He advised that he met him in Atlanta on Dec. 30, 2004, and that they had several dates in January and then on January 25, Mr. Carriker disclosed that he was HIV positive and he had known for about 2 1/2 years that he was HIV positive, Lyons said. Sparrow presented a love letter the victim wrote to Carriker in an attempt to poke holes in the victims theory that Carriker did not tell him he was HIV and asked Lyons to read a portion of the letter aloud. In the letter dated March 10, 2005, the victim spoke of his strong affection for Carriker and also stated, It really didnt bother me when you informed me of your status. The victim filed the Atlanta police report on March 27. Carriker was arrested on April 18. A judge released Carriker from the Fulton County Jail for time served, jail officials said. He was arrested again on April 25 on a reckless conduct charge. Sparrow asked Lyons when did the incident with the victim occur. In January, Lyons stated. Carriker took the stand and told the judge that he told the Atlanta man that he had HIV, when questioned by his attorney. When asked if it was mentioned in the March 10, 2005, letter, Carriker agreed. Dixon cross-examined the defendant and asked Carriker when did he first learn he was HIV positive. He said he didnt remember the exact date, but stated it was in June 2003. When you were released from Fayette County were you told you were not to commit any additional crimes? Dixon queried. Any additional crimes. Yes, Carriker answered. Despite the cross examination from Dixon, Carriker hold firm to his account that he told the Atlanta man that he had HIV before he had sex with him. After hearing from both parties, Caldwell ruled that Carriker would return to the Fayette County Jail. Carriker is expected to remain in custody until his trial in September. Officials at the Fayette County Jail said they are equipped to handle inmates with sensitive medical problems and they have no trouble housing HIV positive inmates. Lt. Eric Henkel indicated inmates with HIV cannot be automatically isolated, but they do have an infirmary that accommodates their needs. If they are really sick and we feel like they cant take care of themselves then we keep them in the infirmary, Henkel said. We have four negative pressure cells and the air vents out of the building instead of being recirculated throughout the building. Henkel said the jail has dealt with a significant number of persons with HIV and they take universal precautions when assisting them. We automatically assume they have it and that way we take precautions and we stay safe, he said. We use universal precautions because you never know what they might have. In addition, inmates are discouraged from having sex at the jail. Theres no sexual activity allowed in the jail, Henkel said. If we find out they are promiscuous they will be isolated. |
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