Man Learns He Was Intentionally Infected With HIV Via Facebook Message

29-year-old Guerra, charged with willingly spreading HIV

Imagine the man you love lying about his HIV status to intentionally infect you with the virus, and then learning what he’s done from a stranger on Facebook. That’s what happened to one San Diego man, who recently told 10News that his boyfriend, Thomas Guerra, did just that.

“I don’t even know who I was living with,” the man, whose identity has not been disclosed, said. “I don’t know who I had fallen in love with. There are many people who are being hurt and could potentially still be hurt. It needs to stop.”

29-year-old Guerra, who is also known as Ashton Chavez, works as a landscape architect. He is now being 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.

His accuser claims that he and Guerra had been in a serious, year-long relationship and had been talking about getting married when he received a Facebook message from an ex-boyfriend of Guerra’s warning him about the man. He soon learned he was HIV-positive. He also claims to have found shocking text messages on Guerra’s phone, bragging to his friends about infecting people.

“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,” he said.

Now, not only is Guerra’s accuser upset that he is HIV-positive, but also because someone that he loved and trusted would do something like this to him and others. He claims to have evidence that Guerra has infected at least two dozen other men, some of them minors.

“His weapon is using his body to infect these people,” his accuser said. “Why? I don’t know why he’s doing this. He’s forever changing these people’s lives and these people have no clue what’s happening to them.”

Guerra is expected to appear in a downtown San Diego courtroom on Thursday.

Related stories:

HIV Positive Guys: Meet The New Criminal Class

Get Ready For Ten Things HIV Negative Guys Really Need Positive Guys To Hear

Why This HIV-Negative Man Became An HIV/AIDS Activist

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  • lkeels

    Let’s be clear. You cannot intentionally “infect”….you can intentionally “expose,” but there is no guarantee of infection.

  • Kieru

    @lkeels: While you are absolutely correct the semantic argument you are posing is absolutely pointless in this case. Assuming he knowingly mislead people about his HIV status and sought to engage in unprotected sex his behavior is not only reprehensible but illegal. If true; this man is a monster.

  • lykeitiz

    @lkeels: Let’s be clear. You have no point.

    And since when does Queerty have a conscious about this? Isn’t this the same site that constantly runs positive articles on barebacking pornstars because they’re like….you know…..normal?

    I mean really Queerty, all this kid needs to do is get a few quarters together & buy a bottle of PrEP & it will all be OK, right?

  • RyanC

    @lkeels: This seems like an arbitrary distinction if the man’s intention was to infect somebody. The fact that there’s no guarantee of infection does little to address the fact that he intended to.

  • JennyFromdabloc

    @lkeels: Your comments are no longer needed. Girl, BYE!

  • JJ24

    This is why you don’t take someones word for it, you go and get tested together and get the results together. If not then it’s condom only.

  • Stefan

    What a dumbass! In this day and age you are having unsafe sex with someone you “don’t even know”. Protect yourself! There are options out there. Then you blame the guy for intentionally trying to infect you? Total moron.

  • blackberry finn

    I was shocked to learn that intentionally exposing a partner to HIV carries such a light sentence. Does the 6-month sentence apply regardless of whether the virus was actually transmitted or not? Seems even an unsuccessful transmission, made willingly, should be viewed as ‘attempted murder’…Also shocking is that the suspect looks like the “twink-next-door”.Hard to believe he’d be so callous. One just can’t go by appearances. Be careful out there, folks! Wrap it up!!

  • Caine

    @lykeitiz: Your ACT UP membership has expired. Call Larry Kramer so the two of you can go back to the 90s.

  • robirob

    It’s because of assholes like Thomas Guerra that people have trust issues and really, can you blame them (for having trust issues)?

  • nature boy

    Yeah, the reality is people will lie about their status, more people then you would expect will lie about their status, and people who otherwise seem very nice will lie about their status. I had a year long relationship with an hiv-negative man who actually turned out to have full blown AIDS a year later and had been lying to me about his status the whole time. Luckily we had been practicing safe sex and I knew he had been careful about that, as I had been, so I was not infected. But you should have seen the look on the hospital staff faces as he was lying there with PCP pneumonia and I insisted to them that he was HIV negative and could not have AIDS while they were looking at his medical record and seeing he had been actually diagnosed 6 years earlier. Awkward to say the least.

    We split up and I agreed to counseling together and we actually worked it out and got back together and have been together as a “magnetic (+/-)” couple for 20 years. Our rule of thumb that has apparently worked for us so far for safer sex is simply “keep the cum on the outside”.

    Young men, please don’t take loads. People lie. Eroticize seeing the cum and the cum shot instead of taking it in your body. It’s not like you’re actually trying to get pregnant.

  • godot515

    ALWAYS, I repeat, ALWAYS check on your partner’s HIV status and if you are sexually active, safe or not, check every 6 months. No, it doesn’t kill you as quickly as it did at the beginning of the 80’s, and it possibly may never, but it is a disease that requires a drug regimen for the rest of your life, and always present is the possibility of spreading to others if unsafe sex is engaged in, and all those healthy looking models in the medicine ads in every gay magazine and publication give out the idea that it isn’t that dangerous, being HIV. If you are positive and know that you are and are intentionally passing on the virus to others, not only are you possibly a premeditated murder, but you are a soulless, hate-filled excuse for a human being. 6 months and/or $1000 fine? Makes no sense to me.

  • vierge94

    This is always a horrible situation. This is always a two sided coin. To the evil hearted people that lie about their status, karma will get you. To those willing to “trust” for love or whatever reason, you’re playing with a loaded gun. Only YOU can protect yourself.

  • ktlong

    There are two people involved here ….the one may have had intent to infect …but the other guy always had a choice in it too ….he made the choice to have unprotected sex. Not defending the jerk, nor trying to justify him …what he has been doing, if true, is more than reprehensible. However, since this was not a rape ….just sayin …we have to take responsibility for ourselves, too.

  • Masc Pride

    Wow, gay guys really love their word games lol. If you intentionally “expose” someone to the virus, and they become infected, you intentionally infected them. On the other hand, exposure and infection could’ve simply been avoided by using a condom. However, Mr. Guerra still belongs in jail. Though the max sentence seems like a slap on the wrist considering the crime. Good thing we have the internet to shame this loser by plastering his pic across the internet.

  • ParkerSparx

    @blackberry finn: It’s a felony in most states.

  • Kieru

    @ktlong: Normally I would agree with you; but if we can assume the story to be true it was a situation where they were in a relationship for a year, were talking about more long-term commitments, etc. That’s someone you’re supposed to be able to trust.

    Yes he should have insisted on their both getting tested before engaging in sex without a condom … but implying that he is ‘at fault’ is a little too close to blaming a sexual assault victim for wearing provocative clothing. He’s a victim here; of trusting someone he thought was worthy of that trust.

    • ktlong

      yes @Kieru, I agree with what you are saying …I did not mean to make it sound as if it was the victim’s fault. My point being, that we as gay men, (me too) have to be responsible for ourselves. When I engage in an intimate relationship, it is MY choice to practice safe sex or not. If I chose not to, then I am placing myself at risk ….no matter how long I have been with my partner (10 years, 4 married), it is my decision.

  • SportGuy

    I feel really bad for this guy. This is why I always use condoms, even when in a relationship and will continue to get myself and my partner tested if and when I have one.

  • Tackle

    I don’t understand why posters are jumping down @lkeels: back. He made//makes a valid point. True it’s not the point of the story, because Guerra’s intentions were to infect. But I don’t see the need in casting someone as a villain who just pointed out a distinction.

  • lykeitiz

    @Caine: Are you implying that the health risks associated with HIV, as well as the expense (and reliability)of treatments are all worries of the past? Did these stop being issues after the ’90’s? Wow, I guess me & Kramer both missed the memo. Glad you’re here to enlighten us (and everyone else).

  • Professor Fate

    Remember guys, someone can have a nice body, a beach tan, the coifed hair, the cutest face, the plucked eyebrows, and the whitest veneers, but that doesn’t mean he’s HIV negative.

  • Rhettoric

    There are those advocating stealth(deliberate)infection. http://cumtemple.org/ You can only truly trust yourself guys! Be Aware!! Trust no one!

  • Gigi Gee

    @Caine: If it weren’t for people like Larry Kramer you’d still be blowing old men at the gas station and calling that a date. What’s that? You are and you do. Never mind.

    • nature boy

      @gigi gee ROTFL. thank you.
      @sportguy sad but true, you’re right on. If you’re not using condoms, I still encourage you to keep the cum on the outside for an extra layer of protection (literally).

  • Blackceo


    See I’m with you and lord knows I didn’t need to read this. I almost had a relationship ended with a guy because he wanted to forgo condoms since we had been together for a year. Yeah we got regularly tested together, but a lot can happen in 6 months. We argued and I got the “you don’t trust me” diatribe. My attitude is if I can’t watch your ass 24/7, I don’t know what you could be out there doing. Same goes for me. Yes, sex without a condom feels better and is more intimate and you don’t have to go fumbling for the condom, but you aren’t playing with my life. And I’m not even talking about HIV being the killer it used to be. I’m talking about how my life will so drastically change if I was to become infected. No thank you.

    Like this poor guy, we think we know someone and then bam. He was all in love and was obviously being fed a line of BS. Now I don’t use condoms with my man now and it took us over 3 years of being in a relationship for me to agree to that. But I can’t lie and say its still not in the back of my mind at times when we have sex cuz he’s a man and far too many of us cheat (me included…I did with a few guys I dated). And don’t come at me with the “stop generalizing BS” cuz there’s a whole lot of mothafuckas who cheat. I would seriously want to kill someone who did that to me.

    I learned long ago not to live in some fantasy that my stuff is so good or my looks/body are enough to stop someone from cheating on me. Good looking guys are a dime a dozen. Nice bodies are a dime a dozen. Show me a good looking guy with a nice body and I’ll show you a man who is tired of fucking him. That’s just my perspective and how I choose to view it.

  • Kamuriie

    @Stefan: You’re disgusting. The only “moron” here is you, dipshit.

  • CJones01

    “He is now being charged … for willfully exposing himself to another person with HIV…” So, Guerra intentionally flashed another HIV positive man? Or is he now being charged for “willfully exposing another to HIV?”

  • SportGuy


    I’m glad you agree. I’m sorry but if my partner feels using condoms in our relationship is somehow a sign of mistrust, then they are not the guy for me. I make it very clear to a guy when we start dating that even if we evolve into a LTR, condoms will be used the entire time along with regular testing and if he is not ok with that, then we can go our separate ways before becoming to attached.

  • nature boy

    @nature boy: oops I meant @blackceo not @sportguy

  • LAguy323

    Guerra was most likely also NOT taking meds (Anti-RetroViral like Complera) which would give him an undetectable viral load, and render him minimally infectious, if at all.

  • gskorich

    its horrible that things like this are still happening and people have to lie about their status but this guy should have protected himself more than he did.

  • Kamuriie

    @Blackceo: You didn’t get a line–you got told the truth. Clearly, you have trust issues. There are any number of possible risks to your life where you almost certainly trusted your partner without applying the same level of hysterical concern.

    Ever drive in the same car with him? Are you sure he didn’t have any alcohol or any kind of prescription or non-prescription drug beforehand? How are you sure? Did you watch him every second? Do you have his phone, to prevent him from checking it for any reason? Even a moment’s distraction could cost you your life.

    Life is a series of choices where you evaluate risk. There are many ways to mitigate the risk of, say, contracting HIV. If *your* only solution is “use condoms, even in a totally monogamous relationship,” then again–you’ve got issues, that are entirely separate from your partner, and at that point, it’s approaching mental illness on your part.

  • Blackceo

    @nature boy: Yeah we don’t cum in each other, but even the pre cum that gets in there is still a risk. God forbid this happened to me I’d have a lot of self blame cuz at the end of the day I said all that in my previous post, but have chosen not to use condoms in my current relationship.

    @SportGuy: I do agree with you doing that. When you feel that strongly about it you should stick to your guns. You are making yourself your #1 priority no matter what it may cost you relationship wise.

    @Kamuriie: Well listen, that perspective isn’t for everyone and I can respect your disagreement, but the “approaching mental illness” bit is just not right. It’s not a trust issue as much as it is a reality issue. I do trust him. Otherwise, I wouldn’t have agreed to forgo condoms. But, the guy in this article trusted his partner and look what happened. Not that it was his fault that his man was a piece of shit, but you can’t say I am bordering mental illness when you hear a story like this. And this story was not a precedent and neither is cheating.

  • NoCagada

    @Tackle: Medically, he is correct.

  • JJ24

    @Blackceo: I also suggest a honesty policy about cheating/slips, my husband and I have one.

  • vive

    There s a lot wrong with this article, including publishing the identifying information and photograph of someone who has not been found guilty yet, but principally for failing to be neutral. There may be more sides to his story than the accuser’s, who may be on a revenge spree for some other reason (as has happened before), but whose accusations are reported uncritically, even statements regarding “evidence that Guerra has infected at least two dozen other men, some of them minors,” which seems pretty far-fetched for the accuser to have established.

  • vive

    @Blackceo, well, the implication of your first post was that you were unwilling to forgo condoms, and then in the later post you implied that you did in fact forgo them. I’m confused.

  • ntableman

    @lykeitiz: right, because it is just like diabetes, right? no big deal? right? pills will absolve me of all personal responsibility for my conduct and how I treat myself, right? Man, I am stunned by this nonsense and the naiveté of kids these days…I always say: type 1 live 20 yrs less than average, type 2, about 10. So yeah, it is manageable, kind of.

  • EvonCook

    @Gigi Gee: No actually, if it weren’t for hysterics and guilt ridden “do-gooders” like Larry Kramer, we might have had the baths become major centers for eduction, control and safe sexual behavior instead of closing them down, making a lot of people go underground and continuing and reinforcing a lot of the phobias concerning gay sexuality, AIDS and transmission avoidance. Lot of frightened and some ignorant ones on here as the comments prove. We have progressed disease-wise, but many have become pathetic faux heteros, professed monogamists (serial or otherwise) and just plain frightened prisses afraid of their own sexual shadow and very ignorant about something that affects human life profoundly. There is no longer a great drive to make a vaccination probably because drug companies make so much on the lifelong treatments.

  • Matthew Rettenmund

    Anyone making any excuses for a guy doing the intentional infecting and bragging is a sociopath. The guy who got infected did nothing wrong. He took very understandable risk with someone who was lying (and not only lying as in, “Oh, baby, I’m faithful…oops!”). Yes, more facts may come out, but if this is what happened, saying, “Oh, you should protect yourself!” misses the point.

  • vive

    @EvonCook, you are quite right. You should see the hysteria every time PrEP is discussed anywhere.

  • odawg

    @Caine: Vicious queen alert!

  • Daniel-Reader

    I have a friend whose first boyfriend infected him intentionally because he claimed he was afraid he was going to leave him and he wanted to “spoil him” to keep him from ever leaving. There are some real evil people out there. Young people need to be taught to be more empowered to protect themselves.

  • pjm1

    The great majority of people are responsible but not everyone.

    About 16 or 17 years ago (yes, ancient history), I was casually seeing someone (ok, maybe more
    like a [email protected]#k buddy/remember AOL chat rooms). He kept saying how he wanted to have unprotected sex,
    how hot it is etc etc. The unprotected sex never happened and i even became a bit suspicious/uncomfortable b/c of his repeated bringing up/pushing the issue.

    One time, after quite a few (really many many) drinks etc etc, he talked about how there was never
    going to be a cure until enough successful white men were sick and that is when people would care and demand a cure.
    (I recognize that this is not reality and is not politically correct to say but the facts are the facts and the world we live in is not always politically correct). I think this was the last time we say each other.

    Not to many years later I learned that he was very sick. Do I think he wanted
    to intentionally infect me — looking back i think so , he gave motive, but i do not know for sure.

  • Aromaeus

    Yeah I try not to judge people on how they choose to conduct themselves in their relationships, but it surprises how many of my friends go sans condoms with a partner after a few months. I’ve always held that I wouldn’t do that until my future partner and i are married. At least then when I divorce him I can get half of what he owns.

  • pjm1

    @vive: There is a bit of speculative info in the article which perhaps should not have been published. On the other hand, Mr. Guerra has been charged with a crime and it is rather common to put criminal charges in the papers along with a photo. In fact, in this case, it may be a public service to print the photo so other people who have had sex with Guerra can get tested.

  • seaguy

    @lykeitiz: Last time I checked this was a free country and those barebacking porn stars are doing it of their own free will and are aware of their scene partners status so not sure how your little comment against bareback porn has anything to do with this story?

    Bareback porn does not give anyone HIV either.

  • Stache99

    @vive: Thank you for pointing that out. I went back and read the article again and it seems very one sided with allot of unsubstantiated accusations. I’ve known allot of people that took no responsibility in acquiring HIV. It was always someone else’s fault. Then they proceeded to trash the person.

  • jmmartin

    You realize your headline implies a First: a man actually contracted HIV by reading a Facebook message. The syntax is awful.

  • seaguy

    @Stefan: He has every right to blame the guy who infected him because he has evidence proving that it was intentionally done out of malice. The txts prove that. Bragging that he was fucking guys after lying about his status if that is not malicious then what is? It does take two to tangle but the one that lies and misrepresents himself is at fault in the eyes of the law.

  • tjr101

    I guess it’s just me but it really boggles the mind how many people are so quick to trust someone and not use a condom. I get suspicious of guys that just want to push it in without one, it’s just reckless. It tells you all you need to know about someone when they’ve just met you and want to stuff it in without a condom on.

  • seaguy

    @jmmartin: Most people are intelligent enough to know HIV does not spread via Facebook messages.

  • CCTR

    If these allegations are true, Guerra seems like a malicious sociopath. Although not healthy, considerate, nor responsible, I understand why someone may lie about HIV status, but to do what he did to adults and minors and then brag about it via text messages, did he imagine the day when he would be found out, wonder if he was even taking any HIV medications?

    As for the consenting alleged adult victim that is speaking out and other alleged victims it seems like they may have been good examples of men that may have been better off using PrEP if they were making the choices to take his load and not use condoms.

  • Essus67

    @Matthew Rettenmund: Hey Matt – nice to see you!

    This story is heartbreaking in so many ways. How Thomas Guerra behaved was simply criminal. I am not a proponent of the criminalization of HIV period but how do you dissect this situation?

    If an outside agency knowingly exposes you to something that leads to death or can lead to death/long term disability, that agency is responsible. How is Mr. Guerra any different?
    The mental gymnastics to make any distinctions based on the activity and relationship involved have no merit. After all, if I were to damage you through a slow, long acting poison, and you manage to survive but with permanent health issues – am I not responsible?
    This man now lives with a potentially fatal chronic condition – full stop. Argue all you like about treatment, life expectancy, outcomes and how things have changed since those days of yore – the facts are HIV treatment does not cure HIV and people with HIV still may experience complications related to treatment and HIV infection. If he is lucky enough, especially in the USA, to be able to afford proper care he can still lead a long life.
    I also grieve that this man has had such a painful outcome to a relationship. I can only hope for the best for the anonymous man as this would just break someone in terms of trust. What a dreadful experience to go through.
    I am saddened by the fact that my HIV positive friends will have to deal with more fallout from the crap that Thomas Guerra’s actions will bring as well the reactions to potential sero-discordant relationships (disclosure – I am HIV negative and I have had a previous relationship with an HIV positive guy) not mentioning the whole blanket HIV criminalization knee-jerk reaction from so many people including gay men. The mental construct that the disease is the person is still such a force in the gay community and this does nothing to dispel that.

    I am dismayed and disheartened that there are so many people who think that they should have/would have/could have done things better in this situation. Unless you lived it or are living it – all you are doing is armchair coaching- and we all know how well armchairs confer omniscient abilities.

    Finally, Shame on Mr Guerra. Shame. If I believed in God etc I would hope that there is a special place in Hell for you.

  • Stache99

    The guy reminds me of patient zero back in the 80’s. He was hot and very sexually active. People will assume good health and throw caution to the wind for the beautiful.

  • davegun2

    Seems to me that once a couple starts doing sex in an relationship without condoms, then it is time for two tests and some PrEp, (Truveda). That way things stay the same no matter what. And if one is poss. Put his ass on treatment, get that viral load below a couple hundred copies or undetectable, add in the PrEp and boom. No probs. Everyone knows and everyone takes care.

    I think I am finished here.

  • Cagnazzo82

    This story is too evil to comprehend. There is no logic behind it. Just plain malicious, vile intent.

    This is the type of crime, I feel, that deserves the death penalty.

    It’s not a misdemeanor… especially if you’re knowingly infecting minors with HIV and bragging about it.

    Remove this trash from society.

  • Blackceo

    @vive: I was referencing two different relationships. In one I didn’t forgo and it almost cost me the relationship. In my current, I agreed to forgo condom use after 3+ years together. But if I ever have suspicion or evidence of creeping, the condoms go back on. Fortunately I haven’t had that.

    @JJ24: That is very smart. I told my man that I don’t believe monogamy is natural anyway and I told him that while it is not a free pass to cheat, that if he “slips” or whatever, to make sure he is wrapped up. I don’t think he’s ever cheated though. I think I would know based on body language he doesn’t know that I’m aware of is a pattern for him when he’s being less than truthful. But again….if I can’t watch you 24/7,,,.i don’t REALLY know!!

    @Matthew Rettenmund: Agreed!

  • money718

    If he was in a red state, he would get life in prison. Thomas Guerra is obviously bitter.

  • JJ24

    @Blackceo: Thanks, my husband and I both intended to and plan on being monogamous but know that sometimes people slip. So we have sort of a no blame rule that if one of us does slip it’s ok as long as we tell the other. We both agree that we’d be upset but that we’d rather be honest to insure both of our safeties, meaning condoms back on for 6 plus months. We also agreed that if we do slip it will be a protected one. As of now neither of us has had a slip in 4 years. Which we’ve only been going Bare for the past 3.

    We also both get tested together and receive the results together. Which is something I think everyone should do before going BB.

  • lykeitiz

    @seaguy: Yes, barebacking porn stars are adults capable of making their own decisions, and that IS very different from the circumstances of this story. People can also choose to chain smoke, eat fast food every day, and do any number of other unhealthy habits. If you don’t see the risks associated with re-infection, different strains, etc, then I can’t help you there. How many barebacking porn stars do you suppose are insured, and when they’re not, who do you think it is that foots the bill?

    My comment wasn’t aimed at them as individuals. My comment was aimed at sites like this one and many others who publish stories about barebacking porn, complete with interviews with the “stars” looking their hottest, without ever balancing it out with the realities of the expense, commitment, & success rate of a long-term drug regimen. Even cigarette ads have warnings.

    Not everyone is up on the latest advances. The young, naïve, poor, uneducated & illiterate are people too. Which category do you think the kid in this article belonged to? There is a such thing as “full circle”, you know.

    @ntableman: Yeah……ya’ know??

  • Idonthaveajobeither

    Is 1 year the same as 12 months? How many anniversaries is that?

  • Chris

    I read an article like this and the comments it evokes and I must shake my head in sorrow at how little we have progressed in our attitudes towards people who seroconvert to HIV+. I am saddened by how we dismiss trust and love as being naive or worse, foolish. I am angered by how people who should know better fail to disclose; regardless their reasons, it does not excuse their failure to do so. And I remember the many people who I knew — including my own brother — who died of AIDS without having had so much as a chance of protecting himself because, back then, we did not know what we know now about transmission, protection, and even mitigation of being infected. What I do remember from back then is how much time and energy people put into trying to figure out who “infected” them; when the more important issues were to learn how to stay healthy, live full lives, and ensure they did not infect the next person.

    Everything about this article and people’s reactions to it show how far we have yet to go. First, let’s assume that neither party set out to get infected. Then, let’s grant the young man his anger at trust betrayed. And let’s see the perp as both unfortunate victim and, at the very least, as someone so screwed up that he would rather betray someone’s trust than encourage that person to be protected.

    What a tragedy. May the newly-infected young man have the resources to get the treatment (medical and possibly psychological) he needs and find the strength of character to decide that he will never, knowingly, allow someone else to take the risk with him that he, unknowingly, took with his ex.

  • Ridpathos

    That sucks. Guerra is a douche. But I thought this article was going to be about some ditz claiming he contracted HIV from Facebook because of the headline.

  • elijah snow

    Hell hath no fury like a gay boyfriend scorned. I wonder if what I’m reading really happened at all. I’d like to hear Guerra’s side of the story.

  • james_in_cambridge

    So handsome and so fucking evil. Anyone care to defend him by saying he shouldn’t be prosecuted to the FULLEST extent of the law? That is how it goes, right? Some paranoid ass-hat will start screeching “first they’ll come for those with HIV, then they’ll come for the rest of us, blah, blah, blah!” The usual excuses and lies that some of you launch into for the psychopathic behavior we sometimes see in the community. If this animal doesn’t deserve prosecution, then hardly anyone does. And yes, his partner should have insisted on using protection but that hardly excuses Guerra’s actions. This man fits the definition of a narcissistic sociopath. He needs to be prosecuted and imprisoned in solitary confinement, far away from us all.

  • topshelf

    And this is what happens when we import cheap mexican labor to cut our lawns.

  • Stache99

    @james_in_cambridge: How about we put away the pitchforks and just wait till proven guilty. He could very well be right or this could be malicious prosecution.

    At this point it’s all based on accusation from someone who could very well be a slut himself or a jilted lover looking for revenge.

  • Stache99

    When and how did he find these text messages? If before it doesn’t make any sense because you would then know yourself and if after the FB message it especially doesn’t make any sense. Just something way too convenient about it.

    Someone needs to put these two on Jerry Springer though.

  • hyhybt

    Is the misphrased headline deliberate, or does somebody not know the difference in meaning between “man learns he was intentionally infected with HIV via Facebook message” and “man learns via Facebook message that he was intentionally infected by HIV?” The former is impossible.

  • buffnightwing

    Some anonymous person can now just accuse you of giving HIV without giving their name and their side of the story? Seems very suspicious.

    The reporting on this website is atrocious.

    No facts, just lots of innuendo.

    BUT, BUT, BUT, we NEED clicks.

  • Kieru

    @mrjoshy: You’re right, any service claiming to ‘report’ should avoid reporting information that may be inaccurate and lead to harming an otherwise innocent person. One recent transgression that comes to mind is when CNN released the name and photo of a person ‘allegedly’ sought after by the FBI in connection with the Boston Marathon bombing.

    He was completely innocent and CNN had no right to name names at that point; it was a huge violation in journalism and ethics.

    Queerty ISN’T doing the same thing here – let me explain why. Charges are filed; the people named here are the plaintiff and the defendant. Their names and general location are a matter of public record in association with these charges. As a matter of public record any citizen can request this information by filling out some basic paperwork.

  • vierge94

    @jmmartin: The headline reads: Man “learns” (verb)… “via” (preposition) “Facebook” (noun)… This is a prepositional phrase written in standard English formatting.

  • vive

    @elijah snow, “Hell hath no fury like a gay boyfriend scorned.”

    Exactly my concern every time this kind of article appears.

    @Kieru, so then why didn’t Queerty also publish the name and photo of the accuser, if it is public record?

  • o.codone

    @nature boy: “you should have seen the look on the hospital staff faces as he was lying there with PCP pneumonia and I insisted to them that he was HIV negative”. I’ve been there too. I had a boyfriend of 2 years. We weren’t protected. Then I was in a bank on Broadway and I ran into my boyfriend’s roommate who just started talking about my BF being positive. I was SHOCKED. I’m like, “no he’s not”. But he was. I picked up my records, changed my number, moved out of the city and married a woman. No lie. I’m still negative.

  • o.codone


  • wpewen

    The San Diego D.A. may be charging him with a misdemeanor, but I believe under CA law it’s punishable as a felony. California passed a law back in the 1980’s allowing felony prosecution for anybody who does this. This is an extremely lenient charge considering. The original case pertained to a guy who was working as a prostitute in LA deliberately infecting people. Nonetheless, people need to know that if you have positive status and knowingly infect someone this is the result in California.

  • Cam

    The guy committed assault. And frankly, the boyfriend should sue him for the amount of money that HIV treatment and medications will cost him estimated out for the rest of his life.

    Since the criminal statute is so low, maybe a $500,000 judgement against the guy and having his paycheck garnished for the rest of his life would get the guy’s attention.

  • hyhybt

    @vierge94: There are two verbs, and the way it’s written, “via Facebook message” more naturally attaches to “was infected” than to “learns.” Putting the phrases in the other order is far better, unless for some reason you *want* that momentary confusion.

  • Stache99

    @Cam: Fine but wouldn’t you have to prove something like that beyond a reasonable doubt?

  • ktlong

    for those who question Queerty for publishing this article …please note that it had already gone out in public and local (San Diego) news shows …. if you Google, you will see it has been reported by many agencies. Not saying right or wrong here ….is it about sensationalism, yes, no doubt …. maybe warning the public, too?

  • money718

    @Cam: That’s ridiculous.

  • Cam

    @money718: said… “@Cam: That’s ridiculous.”

    Please point out why.

  • Cam

    @Stache99: said….. “@Cam: Fine but wouldn’t you have to prove something like that beyond a reasonable doubt?”

    No, in a civil suit you only have to prove it is more likely than not. I.E. this guy tested out negative, got together with his boyfriend, the boyfriend is sending texts to others talking about infecting his boyfriend, and if you have a medical expert they can even test the HIV strains to see if they are identical.

    Trust me, the jury would not have a huge problem finding for the plaintiff.

  • Stache99

    I think it’s kind of funny that in the news report they mentioned that he’s off vacationing somewhere and posting things on his facebook without any cares in the world. Maybe he’s playing some kind a psychological game with them.

  • ss2509

    You reap what you sow. Sorry to say, but true.

  • buffnightwing

    another reason to be on PrEP.

  • JDean

    They should put him down as inhumanely as possible. It’s only fair. On the plus side now that his photo is out there he’ll have to go live in the desert for the rest of his life

  • JDean

    @buffnightwing: yay toxic drugs, you a dumb bitch or do you play one online?

  • buffnightwing

    @JDean: Please refrain from PERSONAL attacks. I get that YOU are losing the argument, but if that guy was on pREP he would still be negative.

    I am HIV positive and these TOXIC drugs are keeping me alive.

    What is your problem? You can’t make a defense for yourself and attack personally all the time.

    The FDA has approved PREP to save lives.

    You can disagree with me, but you don’t know me. Stop attacking people you don’t know.

  • queerT

    And cue the apologists saying this never happens. That giving someone HIV even when intentional and lying to do it, isn’t a crime. That making it illegal will discourage testing and therefore treatment. That’s pure conjecture by the way and infection rates haven’t gone down in places where it’s decriminalized. They wanna whine about stigma now? Keep supporting these monsters. You ain’t seen nuthin’ yet.

    • JDean

      @buffnightwing: Lol losing argument. What do i give a shit bro? I don’t take that poison pill, and never will. You wanna fill yourself with poison, go right ahead because frankly my dear, I don’t give a shit… about truvada whores lol. As long as I don’t have to help finance your $1500 a month habit or any of your healthcare costs I couldn’t care less what you do.

      You want to be a truvada whore, and tell the world go ahead but don’t expect the feathered treatment when your habit is being financed by some of us

  • Tickerage

    If you CRIMINALIZE transference of HIV, then Gaetan Dugas (Patient Zero) would be on death row. If it comes down to the “knowing” transference of HIV, then that is a huge incentive for people to stop being tested altogether. The government really should stay completely out of this because unless someone was raped, then it was consenting sex and if you want to be consistent then the clap and Herpes must also be jailable offenses. No, these laws were constructed from bigotry and hysteria. They serve no purpose in the medical tragedy of HIV. Spend the lawyers fees on finding a cure.

  • charmin88

    “Prep” can’t solve everything. I wish people would stop dismissing this disease as if it is no longer a threat when it is. It’s the younger generation, they hear of a pill and don’t know all the facts. This type of attitude of dismissal leads to more hiv positive cases each year. I’m happy they are working hard to maybe one day find a cure but if your going to promote something tell the all the facts. In order for “prep” to work you would have to be on it regularly. You can’t just take it after unprotected sex and think it will help you not get it.

  • Lucis Morgan

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