“I am not a monster,” Thomas Guerra told the courtroom before receiving his sentencing this week.
Back in August of last year we reported on an unsettling story out of San Diego involving then-29-year-old Guerra knowingly infecting his boyfriend with HIV.
The boyfriend was contacted by a former lover of Guerra via Facebook Messenger, who warned him that Thomas was a liar and HIV-positive.
“Texts where he’s stating he’s negative to people then bragging to others about giving people his ‘positive load.’ It’s crude, it’s… I don’t know how someone could treat another individual like that,” Guerra’s accuser, who chooses to remain anonymous, said at the time.
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Guerra was charged by the San Diego City Attorney’s Office for willfully exposing himself to another person with HIV, a misdemeanor with a maximum sentence of six months and $1,000 fine.
Judge Lewis, who sentenced him, called the six-month jail time in the case a “travesty.”
“I think that’s a tremendous oversight in the law if this is just a misdemeanor,” she said. “If any good comes out of it, that this law would change” and become a felony.
Guerra pleaded no contest, and throughout sentencing showed no signs of wrongdoing or remorse.
In fact, he blamed the victim — in this case, his former lover of a year.
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“I did not rape this person,” he told the visibly frustrated judge. “I did not take him against his will. Within 5 minutes of Grindr text messaging, he was there. So if you’re that reckless with your life, how can you blame anyone else for your actions?”
Evidence included 11,000 text messages he sent and 36 audio clips showing he was deceitful with sexual partners about being HIV positive.
“I don’t think in my 25-plus years in a law, I’ve ever seen somebody be so lacking of insight, blame or responsibility that you have demonstrated,” Judge Lewis told Guerra.
Charlie Steven
6 months? That’s insane… But, you can only imagine how many others are doing the same…
Robert Stearn
This guy is clearly misguided and disturbed!
Adrian Michael Ornelas
wow, he’s clearly just a miserable person and wants to inflict it on other people
Craig Marker
It’s unfortunate and callous that mass generalizations can be made on the basis of what this one individual did.
Mike Benevenstanciano
Force him to work end of life hospice care
SportGuy
WOW! Only 6 months for intentionally ruining peoples lives!! This pig deserves to be locked in prison forever for what he did!
Chris Spence
Those people made the decision not to use a condom or PrEP…no he shouldn’t have done that…but it’s our own responsibility to protect our selves.
caffesilvia
@SportGuy: Agreed. The damage to his victims’ health and happiness is incalculable. And with such strong evidence of malicious intent! I can’t believe they didn’t try it as attempted murder.
Kick Emerson
Just six months?
Michael Woods
Sure, send him to jail to spread it more.
Tom Krysiak
6 Months…what a joke! =(
Alex Timberlake
Fucking monster
caffesilvia
@Chris Spence: Yes, ultimately, we do bear practical responsibility for our own health. But that doesn’t absolve this piece of trash of liability for the lives he has ruined.
Robert Van Kirk
He should be barred from receiving HIV treatment so he can experience the full ramifications of AIDS.
moonman157
While the particulars of this case make it seem like a six month sentence is far too light (and I agree that it would feel better if he received something harsher), it’s important to remember that criminalizing HIV-positive status is a very tricky thing to do that carries with it a number of consequences for our community. While we hope that everyone we are intimate with is open and honest with us, disclosing your HIV-positive status is an incredibly personal thing to do. Especially with the way that PrEP has complicated the issue, all I’m saying is, if you’re arguing for stricter punishment across the board when it comes to these issues, be careful what you wish for, and at least acknowledge the downside of forcing people to constantly have to reveal their status or face draconian sentences
Kieran
Thomas Guerra got six months. His victims got sentenced to a lifetime of trying to manage a life-threatening illness. That isn’t justice.
jazz4108
I see no problem with forcing them to reveal there status. I do not want to date a liar and or someone who knowingly infects me with HIV and finds it funny. He deserves the death penalty. 24 men in two months. Wow.
Eric Eric
Sick
Giancarlo85
I’ve had an argument about this man before. Yes he is a monster. And he willing infected people. Yes, it isn’t a death sentence like it was in the 1980s, but it will impact someones life very negatively.
I think a 10-15 year sentence would have been more appropriate. The victims did not know. This isn’t about criminalizing HIV-positive status. This is about punishing reckless behavior that puts other at the risk of disease.
This isn’t about punishing people for being HIV+. This is about punishing those who knowingly infect others and lie about their status.
Stephen Meeks
Umm, yes, you are
Frank Swilling
But cha are, Blanche. Ya are a monster.
Joe T
This is why people shouldn’t BB!!!!!
Daniel Salmeron
That man deserved one misdemeanor per person
Niko Graff
Life in prison. He’s a murderer
Mark H. Brown
6 months? That’s it? This was a clear case of attempted murder. Plan as that. He deserves life without parole.
T-Wicked Iris Morgue
I feel for him, and his twisted soul
Alex Cameron
Every body has to realise he is a victim to somebody gave him HIV whether or not he like most gay men and straights male and female but as a gay male a lot of gaymen don’t practice safe sex and go bareback and don’t think of the consequence of HIV a life time of drugs yes it can keep it at bay for so long but there’s other side effects as well as related ailments that come with HIV I wonder how many HIV+people wake up think I’m glad I’m hiv+ I’ don’t think many do ?thank fully I’m HIV negative had some scares now practice safe sex ; but nobody ha the right to judge everyone has to take responsibility for their own actions
Robbie Martinez
If he knew he had it and spread it than he should have gotten more time.
Luis H. Lopez
You use protection and tell people your status !
Gregg Jabarisidiki
6 months , he’s pure evil . But at the same time it takes two . Protect yourself.
???
6 month? Outrageous. How about 60 years ?
Chris
His HIV status is not what is being criminalized; his failure to disclose so that his partner could make an informed decision is what is at stake here. And while many people (including Guerra) would like to shift the burden and responsibility over to the man who got infected, that does not absolve Mr. Guerra of his deceitful actions. Finally, I agree that he, too, is a victim in this; but again, that does not relieve him of responsibility for his actions and his lies.
Now, if we would apply the same principle to the people whose lies and deceits brought us the economic meltdown that ruined countless people’s lives….o wait, I forgot, responsibility for withholding information and for lying does not apply to people in the financial and real-estate sectors; it only applies to people’s personal lives.
Alex Cameron
As a gayman I would never trust any guy even a longtime partner the vast majority of men think with their cocks and there’s no way I d put myself at risk as a health care worker I have seen and worked with HIV its not worth it
Ron King
Not enough.
Adrian Johnson
Horrible
Eloweez Rainbowz
6 months…..
John DeGregory
Take Truvada PrEP if you are negative and anal receptive.
Trust no one except yourself.
Merv
@Chris Spence: His victims did not consent to have sex with someone who knew he was infectious. He violated the most sacred rule of sexual interaction, which is consent.
Everybody should know that Lambda Legal has made it one of their main goals to repeal legislation that could be used to prosecute people like Mr. Guerra. Consider that when deciding who to donate money to.
Dana Gregg
This disgusting waste of space how dare he. And yes he’s a monster
Phillip Bunting
Trusting some Radom guy you meet on Grindr is crazy , I never ask there status , it’s not my bussiness, my bussiness is to look after Myself , use a condom , to let some Radom guy you meet dump a load up your ass is just asking for trouble
Charles Ayers
6 moths Bullshit, should have been more !!
Michael Antonio Downs
Nobody knowingly spreads HIV, I’m personally against all HIV criminalization laws. They should all be repealed.
Mark Figenbaum
Six months.!!??? Even six years is not enuff. Make an exception for HIV+. If u knowingly help the spread of it, it should be a felony.!!
Southstguy
There’s a difference between not knowing, or being undetectable and not disclosing and this: deliberately TRYING to infect people. INTENT is the key here and for that he needs to rot in prison. He’s a sociopath TRYING to hurt others.
Zio Nocsg de Janeiro
then why did you do that?
Ricky Reyna
Brandon Davis
Edson Mejia
Stop justifying him and shaming the victims. He’s a criminal.
charmin88
He is an awful person for what he did. 6 months is way to light of a sentence. Karma will surely devour the flesh off his rotten corpse.evil to the core
Ed Chan
And the couple having sex on the beach gets 15 years? What kind of sick justice is this? The bastard deserves 25 to life.
Six months later and he’ll be out to gleefully infect a whole new batch of victims. One can only hope his status converts to full blown AIDS and he gets wiped out before he has the chance to continue his sick and twisted game.
While I’m in no place to tell couples out there to rap their junk up, I’d recommend they do it anyway with sick bastards like this who can get free treatment during a short sentence they can laugh off and dive back into infecting others.
If there ever is a “George Zimmerman” of the LGBT community, it would be this scumbag!
Merv
@Michael Antonio Downs:
“Nobody knowingly spreads HIV, I’m personally against all HIV criminalization laws. They should all be repealed.”
Clearly, you’re wrong that nobody knowingly spreads HIV. Since your premise is wrong, so is your conclusion. Laws against knowingly spreading HIV should not only not be repealed, they should be strengthened.
BigG
Prep and condoms.
Scott German
Are you kidding me??? Thats it?? Mean while in Florida a straight couple is sentenced to 15 years in prison for having sex on a public beach. What is going on in this damn country?
Arcamenel
6 months is definitely too light. I’d say no less than 5 years no more than 10 and he has to register as a sex offender.
Mark Pointon
Fuckin muppet…
James Sigmon
Only six months.
James Sigmon
Well another issue with prep I see more guys oline lying about their status and I see profiles now that say, undetectable , and still some still say nothing and not think with their brain.
Patrick O'Connor
worthless sociopath, and you commenters blaming the victims (just like he did) aren’t much better.
Marc Kashman
Way too lenient. Deserves 20 years.
Jim Fu Raskey
Sick in the head. He knew and rather then being honest about it he lied and purposely infected people. And condoms and prep aren’t 100%. I don’t even mess around std papers up front And I do the same. Sorry no ones worth warts on my dick. Don’t get tested bye felica! my hands tighter then most out there anyways.
Jay Willard Abbit
This guy deserves WAY more than six months. What a joke!!!!
onthemark
Yes he’s a psychopath, but it’s completely delusional not to fault the victims for certain failures of judgment.
I wonder how many commenters here have ever responded to a sex ad for “clean” or “DDF, u b 2” and simply taken the guy’s word for it. Especially if he’s “hot.” (Which is logically a reason to be much MORE suspicious, but that’s another problem.) And then taken his load up your ass because that’s supposedly “hot.” But hey, he said he was “clean.”
Hopefully you don’t – as in this story – fall in lo-o-o-ove with the guy immediately and become “boyfriends” without ever having a discussion about safer sex practices, testing, or expectations. Well, besides monogamy of course because you’re so in lo-o-o-ove that you’re sure he’ll be monogamous too.
More likely, assuming you never see him again (boo hoo), a month later you have another unsafe hookup but you think, “oh I was tested not TOO long ago so I’m sure everything is ok.” And maybe you heard somewhere about HIV criminalization laws, which only apply if you know for a fact that you’re HIV+. So maybe in your case, ignorance is bliss. After all, it’s not your “intention” to hurt anybody. And somehow you keep putting off that next HIV test because if it’s poz, you’re really screwed.
This is how it generally works nowadays, in real life.
Cam
@moonman157: said..
“While the particulars of this case make it seem like a six month sentence is far too light (and I agree that it would feel better if he received something harsher), it’s important to remember that criminalizing HIV-positive status is a very tricky thing to do that carries with it a number of consequences for our community.”
____________________________________
It isn’t his HIV status that is being criminalized. It is not just inflicting harm on others, what he did, was to lie, so he could then commit pre-meditated harm to them.
He is being punished for his actions, not his status. If he was blind, and had poisoned his boyfriend causing him to also be blind, he wouldn’t be punished for being blind, he would be punished for causing harm with intent.
onthemark
@Cam: I see what you mean. There are two interconnected parts:
1) Guerra knew he was HIV+.
2) AND, Guerra was purposely avoiding being treated for being HIV+. Therefore he was highly infectious.
The problem in the legal system is when the mainstream, heterosexual “villagers with torches” don’t comprehend the distinction. (Hell, I’d guess most of the gay commenters here don’t comprehend the distinction.)
onthemark
@Cam: “It isn’t his HIV status that is being criminalized.”
Maybe, maybe not. This doesn’t say how the Calif. law is worded. I think “moonman57” was making the point that most of those laws make no distinctions among infectiousness, sex acts, or even whether actual infection occurred. Notoriously, some of these laws criminalize sex between married people who were both already HIV+ at the beginning.
DaddyDean Nett
He LIED about his status. Enough said.
Daniel Salmeron
That sadly is the law there
Bradley Phillip
Sorry your a monster dude !
Morgan Foxworth
6 months??! Absurd. We all know that we are responsible for our own actions but this guy is an asshole.
Clai Green
Please dismiss him
Severn Kirchem
A Partly 6 months?!?
LucasH
Play safe out there, people. And get tested.
Martino Mammalitie
6months is not goodanoth for a lot of peaple he is asshole
Ray Flores
Ryan Toth Disgusting!
Jerie Ragsac
Well, if he has the intention to do harm to others, knowing he has the virus.. then he must rot in jail
Michael Scola
He’s disgusting!
Ryan Toth
Death penalty. I don’t usually advocate that, but he has earned it.
TomTom Royale
11,000 text messages and 36 victims!! 6 months is a slap on the wrist.
Masc Pride
Guerra’s a perfect example of why this behavior SHOULD be criminalized, and much more harshly. He obviously feels he’s being treated unfairly. There’s no remorse, so I doubt this experience will change him any. He should totally be registered as a sex offender, which could arguably be considered a more effective punishment than actual jail time (especially since jails are running out of room). Ruin his life the same way he’s ruined the lives of others. The worst part of this story is that there are many more Thomas Guerras out there. It’s good that he’ll face a consequence, but we all know this scenario isn’t uncommon in this community. These guys are mad at the world for their own recklessness and want to bring other guys down with them, and six months in the slam isn’t going to change that mentality.
Sean Gildersleeve
That’s not enough time! However, the victim should have been careful.
Nate Sykes
And the couple who had sex on the beach….15 years
Jonathan Lund
For claiming how much ‘Pride’ we have we sure have no respect or concern for the lives of other gay people besides our individual selfish ones. Gay men – swear to God – don’t care what happens to each other…addiction, HIV, homelessness, victim of a hate crime? He doesn’t care because ‘hey – that’s his problem!’ And we’re filling the minds of gay youth with ‘It Gets Better’? How? We never grow up or take responsibility for anything. We just walk away as if nothing ever happened.
Sean Anthony
I would disagree with him. Knowingly doing this is monstrous. No, it is not the stigmatized death sentence it once was, but hell, I won’t shake your hand if I have a cold! It is monstrous to inflict infection on others, especially knowingly.
Guy Sutton
He’s a horrible person but unless he pulled off the condom without the victim knowing, the infected person needs to take some responsibility as well. When people say ” I’m safe, I’m on this and that” I’m like “blah blah blah, put on a condom!” #trustnoho
Vincent DeFeo
Yes, you are a monster.
Louis Prizzi
This story infuriates me! Yes, both parties consented, but to knowingly have unprotected sex when you are HIV+ with somebody who is not and not tell them is disgraceful!!! He should be locked up for a hell of a lot longer than 6 months…. People on weed charges get more time!!!
Joseph Green
Little bastard should have gotten life. In prison.
Chuck Stevenson
This sentence was way too lenient.
DistingueTraces
No, he’s not a monster — no one is.
Murder, rape, sexual assault — these are all things done by human beings.
Which kind of makes it worse. Because a human being has a choice.
Matt Blodgett
He is only getting six months?! Lock the jerk up for life!
Mark Holbert
I know numerous gays who frequent bookstores, bathhouses, pickle parks, etc. having anonymous sex with others who NEVER reveal their status…Personal responsibility is the key here.
theszak
The Strategy. BEFORE sex test TOGETHER for A VARIETY OF STIs then make an INFORMED decision, google… tested together before
Janice McDunn
Exactly, Matt Blodgett!
Patrick Davenport-Ybarra
Everyone is responsible for themselves though they shouldn’t have been barebacking to begin with
David E. Hernandez
It’s called a condom people…. Use it
Allan F Martínez
What he done is wrong BUT, nobody should have sex without protection, is your choice is your risk
technicolornina
@Chris Spence: If I’m at fault in a car crash, and someone in the other car suffers severe injury or death because they weren’t wearing a seat belt, I am still considered liable and responsible for their injuries.
Explain to me how this is any different. His dates made a poor choice, but that doesn’t absolve him of responsibility.
Arthur B Raleigh
Guilty of attempted murder because everyone who has HIV will eventually die of its side effects
Patrick Harlow
Maybe people should use condoms. There needs for this young generation another mass die off from AIDS like there was in the 80s to prove a point. This generation gives no fcvks about safe sex. It’s just nonstop bare backing. No lesson has been learned at all. And because of all the medications now available, HIV is seen by young gay men as nothing worse than diabetes or High blood pressure. It’s been totally normalized. I am so ashamed of gay people.
Shannon Ferrullo
Hey I have an idea, quit having sex with multiple partners and don’t have sex until you have been in a long term relationship with ONE other person!
JzzE1
@Robert Van Kirk: no, that would be inhumane and illegal, what he NEEDS is to have his ass whupped til it rope like okra!!!
Matt Blodgett
The more I think it I am torn. Those people should not have had unprotected sex.
Cam
@Jonathan Lund: said…. “For claiming how much ‘Pride’ we have we sure have no respect or concern for the lives of other gay people besides our individual selfish ones. Gay men – swear to God – don’t care what happens to each other…addiction, HIV, homelessness, victim of a hate crime? He doesn’t care because ‘hey – that’s his problem!’ And we’re filling the minds of gay youth with ‘It Gets Better’? How? We never grow up or take responsibility for anything. We just walk away as if nothing ever happened.”
________________________________________
You are a very dangerous type of person. You would take the actions of one person and use them to label an entire group of people in an extremely bigoted way?
So I guess then if you get mugged by an Asian person, then all 1 billion Asians are evil thieves? You need to seriously reevaluate how you reach conclusions. And by your comment, it sounds like either you are the one with the problem taking responsibility for issues, or you have horrible taste in men and are blaming the rest of the community because of that.
Kraig Fiero
I thought that was an instant man slaughter charge?
Southstguy
@technicolornina: EXACTLY.
This isn’t someone who was unaware of their status or was undetectable and afraid to tell his partner. He WANTED to spread it. Accidents are forgivable, DELIBERATELY infecting people is monstrous.
theszak
Not Before We Know
a blog for those of us with paranoia
notb4weknow. blogspot. com
SportGuy
This is the very reason people should assume every guy is poz and use condoms no matter what he says!! I will use condoms with every guy I am involved with, even if I get a partner one day, will still use condoms, no reason not to use condoms in this day and age!
Steve Jolliffe
Maybe people need to look into truvada prep therapy to help prevent actions like this!!!
Chris Mommaerts
What a Ass
meat
@Mi This case isnt shocking to me the least after what ive seen….what is shocking to me, is the level of naivety people commenting, the general public.
“nobody spreads HIV knowingly…”…..well let me tell you, you might think you are protecting yourself by using condom, but there are men that cut the condom open or take it off while distracting you and you wont even notice. These men know very well what they are doing, they get sexual gratification out of it, an evil kind of pleasure. Ive met these kind of men. chael Antonio Downs:
aliengod
This man is a disgusting pig! He deserves a life sentence like the one he’s inflicted on his victims. Absolutely disgusting!!! This is another example of our inJustice System.
Darrin McDufford
Firm supporter of the death penalty. He fits the bill. If not, then castration. In fact remove his dick too.
theszak
What’s easier?… BEFORE sex get tested TOGETHER for A VARIETY OF STIs and make an INFORMED decision. Or the diligence required for PrEP Pre-Exposure Prophylaxis?
Fidel Lee
six months is not ENOUGH!!!!!!!!!!!!!!!
seaguy
This liar deserves to get a little jail house justice because he is a monster he deliberately misled his victims so that they would come over and have unprotected sex with him. He said all the right things so he could infect them and then turn around and laugh and joke about it behind their back. If that is not a monster then I do not know what is. And his lack of remorse and blaming the victim just makes it worse. He is also doing a disservice to all the honest guys who have HIV and are not lying and trying to purposely infect others. Because this does not help with the stigma they already face.
Donald Corvin
Six months is not nearly enough.
Kirk Sunderman
WTF!? Should be at least Second Degree conviction for each case! #BS!!
Aaron Kespradit
They should of gave him six years its a crime actually it’s attempt murder trying to kill other with what he had
bottom250
You are a monster. This story made me cry for the victims
Gus Fox
Unfortunately this is half of Nashville. Sad part is, they don’t even care when they do get it.
TomOH
I agree that harsher sentences for those who transmit HIV to others, could wind up causing unintended consequences. One of the first things that worries me is people will simply stop getting tested – and just remain ignorant to their HIV status. I don’t see how someone could get charged with any crime for transmitting it if they arguably didn’t know they were positive themselves.
Also, if they did start charging people for transmitting HIV even if they didn’t know they were positive – do we really think this is fair for people who perhaps get tested semi-regularly, but perhaps contracted it and transmitted it to someone else in between their periods of getting tested? This has happened a number of times in the porn industry over the past 10-15 years.
Tj Jensen
The punishment definitely should have been more severe, but at the end of the day, the victims had complete control over this situation. It was consensual condom-less sex.