The Broward Sheriff's Office has now released a new "detailed" report on the arrest of Daniel Hay Lewis, claiming that Lewis stated he had AIDS several times before attempting to bite a deputy.
Lewis, a Hallandale Beach resident, was arrested May 30 while allegedly trying to steal $12,000 worth of garden products from a Home Depot.
He was charged with transmission of HIV -- among other crimes -- which his public defender claimed was an accusation made to cover police brutality against Lewis.
The new report -- written by Deputy Mario Torres, according to the Florida Independent -- says Lewis' mouth was wide open while his head was violently swinging.
"Based upon his previous statements that he had AIDS, I was fearful that if he bit me, I would contract the HIV virus," the deputy writes.
This differs from the original police report, which simply stated that Lewis attempted to bite the cop "while knowing he was HIV positive," but it never explained how they knew he was HIV-positive.
Lewis' public defender, Jason Blank, had originally started the ruckus after stating the cops made up the entire HIV story.
"It is clear that the officer's sworn allegations of Daniel's infection with HIV is not only a lie and highly illegal, but is being used to cover-up the excessive use of force during his arrest," Blank had written to the Independent. "In the end, it will not be Daniel, but rather the officers that will be found Guilty in a court of law."
Still, the charge of HIV transmission was applied after he was tested at the Broward County Jail and found to be HIV-negative.
The Sheriff's Office has now confirmed that it has requested that the state attorney's office drop the HIV-transmission charge.
Aside from the disputed charge of HIV transmission, Lewis is accused of grand theft, obstructing with violence, and assault on an officer.
He has previously been convicted of grand theft and robbery.
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