Waterloo man arrested for transmission of HIV

2009-12-16T12:45:00Z Waterloo man arrested for transmission of HIVBy JEFF REINITZ, jeff.reinitz@wcfcourier.com Waterloo Cedar Falls Courier

WATERLOO - A Waterloo man has been arrested for allegedly having sex without telling his partner that he was infected with HIV.

Waterloo police arrested Donald Eugene Bogardus, 38, of 618 Bishop Ave., Tuesday on a warrant for criminal transmission of HIV. A cash-only bond was set at $50,000.

Court records allege that Bogardus was diagnosed to be HIV positive in November 2007 while he was living in Atlanta, Ga.

After returning to Iowa, he allegedly had unprotected sex with another man three times between August and October 2009 and didn't notify the man of his HIV status, records state.

The unidentified man went to police in October, and Bogardus was arrested Tuesday following the investigation.

Court records don't say if the victim contracted HIV from the contact. Under Iowa law, a person can be charged with the crime even if the victim doesn't get the virus.

Criminal transmission of HIV is a Class B felony punishable by up to 25 years in prison.

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(22) Comments

  1. obmode
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    obmode - April 12, 2010 10:37 pm
    The 2 protein hiv test is cross-reactive with drugs, flu shots and pregnancy among many other conditions - hiv testing and treatment are based on research that has been found to be fraudulent now that those documents have been declassified because of the freedom of information act - see the evidence at www.fearoftheinvisible.com - and for more information visit www.youtube.com/hivquestions (and healing alternatives) videos in seven languages
  2. CWBPI
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    CWBPI - December 29, 2009 6:24 pm
    An attorney just won such a case in Florida recently by forcing prosecutors to prove HIV attacks cells and causes AIDS. She faced 15 years in prison but since, there's no proof, prosecutors had no experts to testify and the suspect walked with five days of unsupervised probation.


    Contact me at www.cwbpi.com.
  3. WilliePDalton
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    WilliePDalton - December 26, 2009 8:24 am
    Mr. DBaxter, can you really say the County Attorney is homophobic? The attorney who is handling the case was the "Joseph" from the amazing techincolor dream coat. He was not only amazing but fab - u - lous!.
  4. CSS
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    CSS - December 23, 2009 9:47 pm
    Here's my feelings of this issue....

    He should not only be charged with a crime, but be put to death! He has no conscience on his actions. He has a RESPONSIBILITY to inform his partner that he is infected with HIV. He also has a RESPONSIBILITY to protect soceity from the costs of providing medical services for the victim(s) that he FAILED to tell. HIV can be a death sentence for those that anti-viral drugs can't help. Doesn't matter if the victim(s) are male or female.

    As far as I'm concerned... he can rot in jail and be thrown away with the rest of the trash.

    The law is just and is good for us!!
  5. Locke95
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    Locke95 - December 23, 2009 8:56 am
    DBaxter, why is it that you hate about our system of justice? According to your posts, we have discriminatory prosecutors and idiot defense attorneys... There's just no pleasing you, is there?
  6. Manning
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    Manning - December 23, 2009 2:46 am
    Unfortunately, whenever someone tries to enforce a law that impacts homosexuals disproportionately, they are attacked by homosexual activists, just like the Ft. Launderdale mayor was when he attempted to curtail the out-of-control illegal public sex in his city. Because the public sex was primarily among homosexuals, he was viciously attacked.


    Then there is the case of the Boy Scouts being attacked and vilified for not allowing homosexual scoutmasters. Anyone would think you were crazy if you demanded that straight men be allowed to serve as leaders and go camping with girl scouts, but for some reason, if homosexual men aren't allowed to go camping with boys, it is discrimination.
  7. DBaxter
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    DBaxter - December 22, 2009 8:00 pm
    Presently he's an unconvicted person, innocent until proved guilty. I think that's how our legal system is set up--unfortunately with the predictably crummy or inexperienced legal advice that will be provided the accused, it's likely he'll be found guilty. Shooting fish in a barrel is hardly a victory for justice.
  8. unifight84
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    unifight84 - December 22, 2009 10:57 am
    I'm sorry, but I'm not going to defend this man's actions or go off on the Iowa legal system for arresting him. This is a dangerous person because of his withheld information! Black, white... who cares? He is possibly infecting people with HIV!!! Yes protection is key if you are going to be sexually active, but to find out you had been with someone who was HIV positive, and to not be told beforehand is disgusting, reckless, and completely irresponsible!! And I also think its completely bogus to try to say prosecutors are homophobic. All they are doing is trying to keep the public safe since this person doesn't want to share with his partners that he has a deadly and scary STD.
  9. takeastand
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    takeastand - December 22, 2009 9:13 am
    I agree Dbaxter very well put! Guess they will never know unless they walkin someones else shoes.
  10. patrickarcher72
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    patrickarcher72 - December 22, 2009 8:04 am
    It's not being HomoPhobic whatsoever, the other person SHOULD have protected himself, but please note that he consented to SEX NOT DEATH!! It's just wrong NOT to disclose you HIV Status. I believe that any person who's HIV MUST disclose their status PRIOR to ANY sexual relations with regards to ANY STD's of course, INCLUDING HIV! It's also against the laws in most states to NOT INFORM about having HPV, HSV, Clyd, Gonh, ect. HIV is not different, it's still considered and STD! Being HONEST is just the right thing to do!
  11. buckman
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    buckman - December 22, 2009 7:03 am
    I think all you have to do is look at the shootings in Waterloo over the last 6 months and who has been arrested/sentenced for them and you will see that blacks commit a disproportionate number of crimes,given their percentage of the population. Same thing goes for robberies.The hiv infection rate is up for them also as compared to whites.I don't know why this is the case but it is there to see for anyone who cares to look with an open mind. Racist? I don't think it is racist to deal with the facts and not be afraid to state things as they are.
  12. DBaxter
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    DBaxter - December 21, 2009 5:23 pm
    No, Iowa is not the only state with this law, but it's one of a handful of states that don't require either intent or transmission (and we have yet to see if the plaintiff in this case is infected or if any of the activity cited is actually even high risk). The Iowa law is also one of the most severe in terms of sentencing. Having worked in HIV/AIDS prevention for many years, I know the facts and I know the research. HIV criminalization laws only push HIV and AIDS under the radar and do nothing to discourage transmission and everything to increase the silence and stigma surrounding HIV (interested in educating yourself--check this link: http://snurl.com/tsjmv ). The Black Hawk County Attorney's office is squandering your tax dollars pursuing these cases. If they get a conviction (likely since his defense will most likely not be affordable to him and he'll get an inexperienced public defender), the State of Iowa will waste $50,000 a year incarcerating this person.
  13. LoveNPeace
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    LoveNPeace - December 21, 2009 3:01 pm
    First of all, Iowa is NOT the only state with this law. Second, they are not prosecuting him for being HIV positive, they are prosecuting him from giving it to someone else without ever mentioning he had it. This is DECREASING the amount of HIV transmissions from one person to another. HIV has become a problem in recent years. Yes more homosexuals and those of African American descent seem to be more at risk, but people of all races, religions, sexual preferences and etc get HIV. Just some are at a higher risk to get it. Some who have HIV never get AIDS, so don't relate the two too much. Yes one causes the other, but not everytime. Learn the facts and get them straight before ramming judgement into situations.
  14. bigblklady
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    bigblklady - December 21, 2009 1:37 pm
    And this person here in this article would quailify as ignorant about his HIV status in my book. BOTH of them invovled. One for not being responsible enough to protect himself from a total stranger- and the other for not being respsonsible enough to respect another humans life.
    How would you like it if you met somebody and you really liked them and decided to "go all the way" and even if you did wear protection- and then you find out later they have HIV or AIDS? That is so rude! It does not matter if it is gay or straight it is RUDE! You go by whatever mumble jumbo stuff you been talking about- the fact is that HIV/AIDS IS contagious and IS life threatening. If only 1 out of 6 gets it- what if you are that 6 person? Not fair at all!
    I do not understand why you place so much blame on the lawyers? They did not force anyone to sleep with anyone. They are only doing their JOB. And honestly you do not even know if the prosecutors in Black Hawk county are gay or straight! They could all be gay for what you know- wouldn't you feel pretty silly then.
  15. DBaxter
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    DBaxter - December 21, 2009 8:16 am
    There is no way that a state incarcerates a group in those sort of numbers in relation to its population without consideration that whites are not prosecuted or incarcerated for their crimes equally to blacks. In short, Iowa targets persons of color. The accused in this case will have something far short of the legal representation afforded wealthier whites.

    As far as AIDS-phobia is concerned, the words of John Henry Falk come to mind: "some things will scare you so much you'll hurt yourself." This is the climate encouraged by the County Attorney in Black Hawk County. HIV infections will be caused by those who are ignorant of their HIV status, not those who have tested positive and who are in treatment. In short, this law and its hystrionic irresponsible enforcement makes things worse.
  16. Jimbo
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    Jimbo - December 21, 2009 12:40 am
    I believe the reason approximately 30% of the prison population is black is because approximately 30% of crimes are committed by blacks. That doesn't make me a racist.

    I don't understand why police and prosecutors that arrest someone for breaking the law are deemed to be 'homophobic'. I appreciate their efforts to keep ALL criminals off the street, and if 30% of them happen to be black, so be it.
  17. whateveruthink
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    whateveruthink - December 20, 2009 3:53 pm
    DBaxter, I admit I'm aidsaphobic. Who in their right mind wouldn't be fearful of aids. I'm also a flueaphobic and coldsaphobic.
  18. bigblklady
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    bigblklady - December 20, 2009 1:05 pm
    That is the dumbest thing I have heard all year! WOW So all of our Black Hawk County prosecutors are homophobic,aidsaphobic, and racist?! They must be some really heartless people! Why would you think these things?
    They have a job to do. The must do their job even if they do not agree with what they are doing- their job is simply to prosecute what the papers tell them to.
    We can not compare Africa with Iowa. There is a HUGE difference!
    The problem is the people who are postive are NOT telling people. The problem is not that they are telling people. So how are the trying to get people to hide it? Seems to me like the common sense thing to do legally and out of repsect ofr another human being- would be to tell the person you are about to sleep with you are positve AND wear protection!!! Simple. Nobody else to blame here- only themselves for not taking proper action on their own part.
  19. DBaxter
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    DBaxter - December 20, 2009 11:08 am
    It's absolutely fair to assume that they're homophobic, AIDSphobic, and considering the race of the accused, we may find them even to be racist. Do you think this man will get anything approaching a fair trial in overhwhelmingly white Iowa (remember our prison population is 30% black in a state that is 2% black) given his race and probably income status?

    These prosecutions only serve to make persons who might be HIV not want to know their HIV status. If you aren't aware of your status or are recently infected (the point at which HIV persons are the most highly infectious) this law can't be used. The Black Hawk County prosecutors are helping to decrease awareness of HIV in Iowa and actually probably helping to increase infections. If you're HIV in Iowa you're better off not knowing, and if you do know, you sure as heck better not tell anyone.

    Interested in the details surrounding this minefield of an issue, listen to South African Supreme Court Justice Edwin Cameron (and HIV jurist) and his take on the issue: http://www.onanov.com/sound/cbc_sun_ed_hiv_stigma.mp3
  20. bigblklady
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    bigblklady - December 20, 2009 12:32 am
    The prosecutors are only doing their jobs. I do not think it is fair to be calling them homophobic. Whether it was gay sex or straight sex it was still illegal. That is bottom line what they look at.
    But I agree that it is a 2 way street. If you do not know the person protect yourself! That is how so many teens get pregnant. There are so many STD's out there- people need to wake up!
  21. DBaxter
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    DBaxter - December 18, 2009 6:17 pm
    Your prosecutors up in Black Hawk County are some of the most Homophobic and HIV-phobic in the state. How much would you bet that this person is treated to undetectable and has so little viral load (or none) that the chances of a sunspot breaking off and striking the earth tomorrow are greater than this man's infection of whomever he had sex with. HIV prevention is a two-way street. If HIV negative persons have safer sex, they don't get infected with HIV regardless of who they have sex with. I wonder if the person trumping up these charges isn't the same guy who put Nick Rhoades through a similar hell last year.
  22. D200man
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    D200man - December 18, 2009 1:13 pm
    Is the "victim" really a victim? C'mon man.
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