While Daniel Allen, the 45-year-old HIV-positive Clinton Township man who made headlines last fall when he was charged with bio-terrorism, is not facing the terror charges, he will face a judge and jury on Nov. 3 on the remaining assault charges.
Allen in charged in connection with a fight with neighbor Winfred Fernandis, Jr. Fernandis claims Allen attacked him over a football landing in Allen’s yard. During the attack, Fernandis alleges, Allen bit his lip. Allen, however, tells a very different story and alleges that Fernandis initiated the assault because Allen is gay. Allen says Fernandis, his wife and his father, all partook in beating him in the October 2009 incident.
Ten days after the alleged biting incident, Fox 2 News learned from Allen he was HIV-positive. This led prosecutor Eric Smith to charge Allen with “possession or use of a harmful device.” That law is part of Michigan’s terrorism statute.
While that bio-terrorism charge was dismissed by Maceroni, Allen still faces charges of assault with intent to maim and assault with intent to commit great bodily harm less than murder. If convicted of both charges, Allen could face up to 20 years in prison.
Allen denies having bit Fernandis, and his attorney, James Galen, Jr. argues that Fernandis bit himself during the scuffle. He has asked a judge to authorize payment for a bite analysis.