The San Diego City Attorney’s office is investigating additional charges against a man accused of intentionally infecting his boyfriend with HIV, according to a city spokesperson.
Thomas Miguel Guerra, 29, has pleaded not guilty to a misdemeanor health and safety violation that alleges he is a “person afflicted with any contagious, infectious or communicable disease who willfully exposes himself to another person.”
However, Michael Giorgino, Chief Deputy City Attorney of Communications, told NBC 7 his office has filed an amended complaint that identifies the disease as HIV and the alleged victim.
Meanwhile, a continuing investigation will determine if more charges should be filed against Guerra, Giorgino said.
Guerra will be arraigned on the amended complaint on Sept. 2.
According to the original complaint, the victim and Guerra dated for about four months. The man told police he was very concerned about contracting HIV, so he asked Guerra if he was HIV positive. Guerra told him no, and they agreed to have unprotected sex, the court document says.
However, when they later got tested, Guerra tested positive for HIV. So did the victim.
Guerra maintained that he did not know about his infection, and the two continued dating until the suspect backed up his cell phone on the victim’s computer.
The complaint says during that process, the victim found text messages, videos and emails that confirmed Guerra knew he had HIV since 2007.
Guerra even joked in text messages about being HIV positive and other people not knowing it, the victim says.
The victim then broke up with Guerra and went to the police with his allegations.
Giorgino said police originally sent the case to the District Attorney’s Office for felony review, but when they declined to file charges, the case was sent to the city attorney’s office, which handles misdemeanors.
If convicted of the health and safety violation, Guerra could face up to six months in jail.