Apparently it's getting tough for the state to continue prosecuting someone for criminal transmission of HIV when its suspect isn't HIV-positive.
Daniel Hay Lewis -- accused by police of attempting to bite a cop in the process of trying to steal $12,000 worth of garden products from a Home Depot on May 30 -- should be out of police custody today or tomorrow, according to the Florida Independent.
Jason Blank, the public defender representing Lewis, told the Independent that a motion to reduce Lewis' bonded was approved, and he was granted pretrial release.
"Defendant's bonds were increased due to the nature of the charges which Defendant has information to show were falsely alleged," Blank wrote in his motion. "The increase of his bonds goes to show nothing more than a discriminatory practice against those allegedly infected by HIV."
Lewis had never told the cops he had HIV, so it's not clear how that ended up in the police report.
Blank said Lewis was also tested for HIV after his arrest at the Broward County Jail and that those results were negative.
The State Attorney's Office has yet to file charges against Lewis, and Blank's call for answers wasn't returned, according to the Independent.
Lewis had been facing charges of criminal transmission of HIV, grand theft, obstructing with violence, and assault on an officer, according to the Broward Sheriff's Office.
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He has previously been convicted of grand theft and robbery.