HIV-positive soldier faces charges regarding unprotected sex  | News | Advocate.com

Advocate.com health Channel
||  News  ||
 
July 19, 2007
HIV-positive soldier faces charges regarding unprotected sex
HIV-positive soldier faces charges regarding unprotected sex

Military and civilian authorities have charged an HIV-positive soldier with assault with a deadly weapon, accusing him of having unprotected sex with a partner he didn't tell about the infection.

Military and civilian prosecutors haven't decided who will prosecute the case against Pfc. Johnny Lamar Dalton, said Maj. Tom Earnhardt, a spokesman for the 82nd Airborne Division at Fort Bragg in Fayetteville, N.C..

Dalton, 25, was arrested last week and was being held Tuesday in the Cumberland County jail on a $50,000 bond, said sheriff's department spokeswoman Debbie Tanna. She said inmates weren't allowed to give interviews, and a jailer said the soldier hadn't been appointed an attorney.

Along with the assault count, Dalton faces civilian charges of committing a crime against nature and misdemeanor assault inflicting serious injury. Earnhardt said he faces the same charges in the military's criminal justice system.

An arrest warrant filed by county officials accuses Dalton of not telling his male partner, an 18-year-old civilian, that he has HIV, the virus that causes AIDS. The teen's mother alerted authorities to the relationship after her son fell ill and told her about it; he has tested positive for HIV. Tanna said she did not know whether Dalton was the source of the teen's infection.

Dalton is assigned to the 22nd Aviation Support Battalion, which is part of the 82nd Airborne, Earnhardt said. He was ordered by his commander in November not to have unprotected sex after it was discovered he was HIV-positive. State law also prohibits a person infected with HIV from having sex unless condoms are used and requires that sexual partners be notified.

''All the command knew was that he had been diagnosed with HIV,'' said Earnhardt, who added that HIV infection is one of several medical conditions, including pregnancy, heart disease, and cancer, that would prevent a soldier from deploying. ''What a service member does when they're off duty, we have to depend on their honor and integrity.''

Earnhardt said Army prosecutors aren't focusing on the soldier's sexual orientation. The military's ''don't ask, don't tell'' policy allows gays and lesbians to serve if they keep their sexual orientation private and do not engage in homosexual acts. The law prohibits commanders from asking about a person's sex life and requires discharge of those who openly acknowledge they are gay.

''Our real focus is, here we are with two families who are having to cope with the tragedy of this disease,'' Earnhardt said. (Estes Thompson, AP)

© 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Be the first to comment on this story.

Back to top

Submit a comment for this story:

*Type your comment here (Required, 1000 characters max.):

*Name (Required): 

*Hometown (Required): 

*E-mail address: (Required, but will not be displayed)

Is this comment for publication? 
Yes   No

Daytime phone number: (Required for print publication only and will not be displayed)

Please enter the words you see in the box, in order and separated by a space. Doing so helps prevent automated programs from abusing this service.

  

If you would like to submit a comment for posting, please fill out the form above. 

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

Comments that do not concern specific articles in The Advocate or on Advocate.com will not be posted or published. See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives
  • Politics and Progress With Patti LaBelle
    The last time girl-group Labelle dropped an album, the thought of a black president or same-sex marriage seemed as “far-out” as the band’s disco-spacewoman suits and fusion of disco, rock, and soul. But the button-pushing, soul-singing trio has reunited, and on the heels of Prop. 8 passing and Barack Obama being elected president, Patti LaBelle talks to The Advocate about the mix of emotions she's dealt with over the past few weeks.
  • Seth Meyers's Big Gay Saturday Night
    SNL funnyman Seth Meyers talks to Advocate.com about last week's episode of Saturday Night Live -- the gayest episode in the history of the show, by some accounts. With touches including Justin Timberlake as Beyoncé's backup dancer and Snagglepuss crashing Weekend Update, it caused some bloggers to take offense ... but Meyers says it's just the sort of stuff that stemmed from many discussions about Prop. 8.
  • All Hands, Black and White, On Deck
    The high number of African-Americans who voted to pass Proposition 8 may have surprised some people, but not the folks at the National Black Justice Coalition, a civil rights organization dedicated to empowering black LGBT Americans. NBJC's CEO offers some insights about the black-white divide and how to mend it going forward.
  • Setting the Agenda ... the Gay One
    COMMENTARY: Prior to the election of Barack Obama, the gay rights agenda risked becoming nothing more than a wish list. But after nearly 30 years during which no major piece of gay rights legislation has been passed by both houses of Congress and signed by the president, it is time to make a a real push for true equality. Our time at the back of the bus must end. Now.
  • Survival of the Fittest
    Fallout 3 for Xbox 360 takes players on a pulse-pounding ride through postapocalyptic Washington, D.C.
  • Oscar-Winning Director Rob Epstein Remembers Harvey Milk
    When Rob Epstein released his 1984 documentary The Times of Harvey Milk, it didn’t simply serve as a memorial to Milk -- it gave him new life. For more than two decades, filmmakers have tried to turn Milk's life into a major motion picture. Screenwriter Dustin Lance Black and Gus Van Sant finally made it work, and Epstein, who calls the film "beautiful," takes a look back at the man who inspired a movement and what's become of California's gay community without him.
  • Building Bridges in the Wake of Prop. 8
    In the wake of finger-pointing following California's passing of Prop. 8, television writer and producer Tajamika Paxton suggests the time has come to build a bridge between the LGBT and African-American communities -- to engage in discussion rather than looking for somewhere to place blame.
  • Without Her We're Nothing
    The legendary Sandra Bernhard sits down with The Advocate before the one-night-only revival of her seminal one-woman show Without You I'm Nothing in Los Angeles to discuss Tori Amos, why Prop. 8 is "the best thing that could happen to the gay community," and how she she could possibly love both Rachel Maddow and Rachel Zoe.
  • Carmen Finds Her Spotlight
    It’s not very often that a lowly music critic gets the privilege of witnessing a glowing performance by a major new talent at the beginning of his or her career, but that is certainly what happened to yours truly on the evening of November 15 at the Los Angeles Opera. Viktoria Vizin, an astounding new mezzo-soprano making her L.A. Opera debut as Carmen this season, took my breath away.
  • Connecticut Gets Married
    This weekend, all 50 states participated in protests against the passing of antigay legislation in California, Arizona, Arkansas, and Florida. Gays and lesbians in Connecticut protested too, but they also had reason to celebrate. Last week, same-sex marriages got under way throughout the state.
  • Gay Is the New Black?
    In the wake of California’s passage of Proposition 8, protests are popping up around the country -- and so are comparisons between gays’ and African-Americans’ fights for equality. Is gay the new black? Michael Joseph Gross examines two struggles for civil rights. Plus: Photos from Wednesday night's rally in New York City.
  • The Day in Pictures
    From coast to coast, from gay to straight, from Pink to Mormon moms--a national movement to protest the passing of Prop. 8 in California rises up.
  • Smart Money
    In a time of economic calamity, one voice rises above the panic. Suze Orman is here to help -- she's offered her will and trust kit free to Advocate readers. Click the story for more info.
  • David Hyde Pierce is Gay, Married ... and Marching Against Prop. 8
    As Dr. Niles Crane on the hit sitcom Frasier, David Hyde Pierce had a great deadpan. That also extended to his own life: For years he wouldn’t confirm or deny being gay. Since then he thawed enough to thank his longtime partner, Brian Hargrove, in his 2007 Tony Award acceptance speech. And on Saturday, Pierce was one baseball-capped protester among maybe 20,000 others marching for equality in Los Angeles.
  • Gearing Up
    From Long Beach to Toronto, activists begin to prepare for a weekend of protest -- including the "Raging Grannies" in Palo Alto. See it all come together.
  • Best of Times, Worst of Times
    In the week after Barack Obama’s historic victory, gays and lesbians are pondering another historic, albeit less victorious, moment of their own. Three anti-gay marriage propositions passed -- in Florida, Arizona, and California. In Arkansas gay people were barred from adopting children. Now the real fight begins.
  • Revolution No. 8
    I've been waving a sign on street corners since H8 passed: "Black Queers." Responses have varied -- from honks of support to looks of disapproval from both blacks and whites. A black woman came up to me at a rally and asked me if I didn't think the sign was offensive to black people. I said, "It's who I am, and people should know."
  • You Can Never Go Home Again
    Eight years ago Advocate associate editor Neal Broverman packed up his car and moved from Connecticut to California to find freedom and acceptance. Now that marriage is legal in Connecticut, he's wondering if he ever should have left.
  • Prop. 8 Rally Takes Manhattan
    On the same day that the state of Connecticut began allowing same-sex marriages, thousands of New Yorkers gathered to protest the recent ruling in California taking away those same rights. Over 15,000 people gathered Wednesday night in protest of Proposition 8, the California ballot initiative that overturned a recent court ruling allowing same-sex marriage.