Daniel Rick convicted of knowingly spreading HIV virus

Categories: Crime, GLBT
daniel rick.jpg
Daniel Rick could get 10 years in prison, and is facing two other charges.
Daniel Rick has been found guilty of knowingly spreading the HIV virus through unprotected sex with another man, a felony that could put him behind bars for as long as a decade.

The man who had sex with Rick in the spring of 2009, when the two had known each other only briefly, told police the encounter was wholly consensual. But Rick didn't mention his HIV infection to the other man, who soon fell ill.

Rick, now 26, had known of his own illness for at least three years at that point, but never -- not before, during, or after the unprotected sex -- mentioned his affliction to his partner, who figured it out only after doctors told him he was HIV-positive.

On Friday, a jury found Rick guilty of felony assault. His conviction, which is classified as a first-degree assault, is the first of its kind in Hennepin County. Daniel is also facing trial for two other similar cases.

After Rick and the other man met online and exchanged messages for some time, Rick came in to the Saloon Bar, where his victim worked as a bartender. At the end of his shift, the bartender went to meet Rick for a late-night hook-up.

During the anal sex, during which neither man wore a condom, Rick ejaculated inside the other man, according to the criminal complaint filed in March 2010 by the Hennepin County Attorney's Office.

Spokesman Chuck Laszewski confirmed that Rick is the first person in the county convicted under the crime of felony assault for "knowing transfer of communicable disease," and Laszewski said it might also be the first of its kind in Minnesota.

The jury's conviction, which came down on Friday, means Rick's fate now lies in the hands of the judge. A sentencing hearing is scheduled for Nov. 28, which will also be used to set a trial date for two other cases being brought against Rick.



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107 comments
Adam N 1986
Adam N 1986

DUH you don't let a stranger cum in your fucking asshole. People lie about their status all the time, even if the guy had asked him, and he said "no, i'm clean, dude..." ...you still wear a condom! If you don't and get infected, that's your fault. People think they're negative and aren't all the time anyways! It's no guarantee... If you're barebacking strangers you took home from your bartending job and you get HIV, what, you're gonna hunt down everyone you had sex with cuz you're so pissed and want to blame someone?! Yea it's fucked up that guy didn't say anything and came inside someone else knowing he had HIV, but that's why you don't let some weird guy you just met jizz in your rosebud. DUH. People are shady, and men especially, gay or straight can be dogs about sex. We're selfish creatures aren't we? Let this be a lesson for others. Take responsibility for your own sex organs, including your buttonhole.

Sslse1
Sslse1

WHAT AN *@SSHOLE:disqus 

Response4craig
Response4craig

Dear Mike, why would you post a story like this and include those intimate details.  You're really sick in the head. 

Clint Bump
Clint Bump

i think peopple that now they have hiv should not be having sex with out protection that is what happend to me i got hiv from a guy hew did not tell me he hade it and he wase infecting so many other poeopple

Tifferniffer007
Tifferniffer007

1st of all, they are both grown men. Why is someone looking for a hook up online and not being man enough himself in this day and age to demand a condom be worn. Sorry surfing the net for sex is just an inappropriate dirty sleazy perverted thing to do. Just as much as the 26 yr old Rick could have told him, the other guy should have brought his own protection and used it as well as required this Rick guy to use it. You don't allow it in these days, then you are the one putting your self at risk. Just as much as Rick could have told him, he could have asked. Either way mentioned or not A CONDOM SHOULD HAVE BEEN WORN AND THE GUY SHOULD HAVE HAD RICK WEAR ONE DUE TO HIM NOT KNOWING RICK! Ultimately the gent that became infected was just as irresponsable as Rick. People, come on, Be Smart, Play safe! If you don't, its your choice and as a grown man, you know the consiquences plain and simple.

Sassypixie33
Sassypixie33

It is a crime to knowingly have HIV or AIDS and have sexual relations with them and not tell them. It is something that will eventually kill you. It's not like having a cold or flu and sleeping with someone. And for someone to even put it in that sense you must not be knowledgeable on this subject. This man just put am expiration on another persons life for his own personal satisfaction and that is pathetic, gross and intolerable.

Buffylacazats
Buffylacazats

unfortunately i disagree both people are responsible!!!!!... the 'victim" obviously wanted to have unprotected sex... any stupid idiot would allow some stranger to ejaculate inside him or her... that is his own fault... and not only that if he had unprotected sex with daniel rick he may have had unprotected sex with another stranger that he just not have any contact with now.... think about it guys.... the victim should have been smarter and told him to put on a condom.... with all the hiv education and adds going around in america there is absolutely no reason why he didn't... maybe because daniel looks like he doesnt have hiv is the reason why... another subject to talk about what the LOOK of hiv is... i have no sympathy this adult victim sorry.... and those of you bigots out there doing the same thing having sex getting women pregnant not wanting to care for your dam children... spreading gonnoreah syphillis and any other s.t.i. known that is passed through casual sex should also be prosecuted in the same manner and with the same stigma and weight of the law...     

HH
HH

What a fool, how could you have unprotected sex with a man and not even ask if he is HIV positive? It is his own fault he has the virus now and Rick should not have been convicted. If his sexual partner did not ask about his status, he isn't obliged to say anything. That was his partner's responsibility completely. It is his body and he needs to take the steps to protecting it.

Buffylacazats
Buffylacazats

i totally agree.... also who know who else the victim has sex with after.... you know.... that's crazy!

Cindylouheinemann, Virginia
Cindylouheinemann, Virginia

Rick is guilty of knowingly injecting a deadly virus into a man that was free of the virus until having anal sex with Rick. He is guilty of shortening another mans life span, causing extreme emotional stress, and pbysical complications for the rest of this mans life! It's as clear as spring water in North Garden...wreckless endangerment to murder! Everything should depend on how well the victim responds to the medications and how his quality of life changes. Rick should be confined to jail just to ensure he doesn't infect anyone-else! But according to the second case he is a srxual pteditor and using his semen as a deadly weapon! This man is a walking chemical weapon. Jail for life, no parole what-so-ever!

Eyzsofblew03
Eyzsofblew03

Really so stupid.  Both are at fault,  Rick for not bringing it up and using a condom since he knew he was + and the other guy for not asking him to use one. Unprotected sex with people you meet on line  or out and really dont know is just stupid.

Keith
Keith

I am not sure how someone can, with a good conscience, can compare HIV to the flu virus.  I mean you can die from getting a splinter in your finger (in an extreme case).  We are talking about KNOWINGLY putting a virus into someones body that will offer up life long and VERY expensive treatment to the VICTIM.  In my opinion, it should be prosecuted at attempted murder, and the vicim should be awarded life-long medical treatment to be paid for by the person who chose to knowingly infect people.  Let's not start defending people who are hurting other people on purpose with coy little antidotes.  I am also a little taken back to see people type that prosecuting these cases will lead to less people getting tested.  If someone is afraid to get tested because they are afraid to be prosecuted by FUTURE partners, then what does it matter if they get tested to begin with?  The testing isn't going to change their actions anyway.  My final point is this, if you hurt other people on purpose, it is an assault and you should be prosecuted and punished to the full extent of the law.

Coronary
Coronary

Again, people with HIV who have sex are murderers and should be locked-away and/or ruined financially because, apparently, "fuck you faggot."

Randyheslor
Randyheslor

he should die.  really if u have it why cant u just tel the people that u r sleeping with 

Shmoojesse
Shmoojesse

Burn piece of shit. If this happened to any of my friends, I'd search and slaughter.

Pat
Pat

I know Rick personally. Hes a great guy.It's the victims and rick's fault for barebacking. Rick had no intention to personally "infect" the victim. That's just cruel and how do you know it was Ricks hiv strain? Everyone had a choices in life and consquences to face just like everyone else. He shouldn't go to jail.

Jeremiah
Jeremiah

 So you are saying that Rick did not know he was infected for at least 3 year prior as the article says? Because if he did in anyway know, then he did in fact intentionally infect another person. That person then infects another person unknowingly and so on since it takes up to 6 months after being infected to even see it on a test. Rick doing this one time could cause dozen of more deaths from the one incident. Intentional spreading of a deadly virus should be grounds for a lot more then just jail.

If Rick was just another victim to catch it from someone else and have it without knowing, that fact might have came up in a trial. If it didn't, you might want to fight for your friend.

Coronary
Coronary

No, you fucking moron. HIV is incredibly difficult to transmit, and nigh-impossible to transmit if the infected individual is on medication (was Rick?).

Having sex isn't a crime if you're infected with syphilis, or gonorrhea, or even if you're just an asshole. It's not a crime if an unintended pregnancy results.

It's only a crime if you're HIV+, because, apparently, "fuck those sick faggots."

Codymurp
Codymurp

They should do a genotype on both guys

Sharon Pighet
Sharon Pighet

Prayerfully, this lesson will teach responsibilty and accountability for one's own actions.

Eric Pervy Sage Warren
Eric Pervy Sage Warren

I feel for the guy that got infected, and this is very unfortunate, but he said it was CONSENSUAL which means he willingly told Ricks where he works, and then he decided to meet up with him, and have unprotected sex. Although what Ricks did was wrong, I don't think his sentence should be so harsh... js

Thomas Spratley
Thomas Spratley

Though purposely spreading HIV is morally wrong, I disagree with locking people up for doing so. It's 2011 and we've been living with HIV/Aids in our world for over 30 years. EVERYONE knows the risk of sex without a condom. You think every time a woman accidentally gets pregnant she locks up the father for ruining the next 18 years of her life? People need to take responsibility for their own actions. If someone doesn't want HIV or any other STD then they should be more careful when choosing to have sex. If you are of age and the sex is consensual, you should be well aware at this point in your life that you are at high risk to be infected with HIV/Aids, syphilis, chlamydia, etc.

Jourdan Waif
Jourdan Waif

I can't believe you guys would compare HIV to the flu! That's extreme. You guys are idiots.The man KNEW he could possibly be spreading a deadly disease. It's the same as someone killing someone in a drunk driving accident. You don't say "well, geez, that other person chose to drive on a rode, knowing people drive drunk. It isn't drunky's fault, blame the dead one." Get a grip.

Thomas Spratley
Thomas Spratley

Driving drunk is way different. In having sex you have control over the situation.

Kenneth
Kenneth

this is ridiculous. The guy didn't say anything when he was taking it up the ass. The responsibility should fall on him as well, to protect himself. If he allowed himself to be cum-dumped than he has to pay the consequences.

Derek
Derek

i guess if you are having unprotected sex, you take the chance.

B M
B M

Condom less = DANGER with your own life... It's a condom for me regardless how much I love someone!!

Alan Lofton
Alan Lofton

Shouldn't both parties be held equally responsible?  I mean come on now. Yes, the guy was wrong for not informing the "victim", but on the same note, the "victim" was just as wrong for assuming.  If you are going to have unprotected sex with someone, no matter what the circumstances, you should automatically assume they could be infected.  My question is, and I obviously have not followed this case from the beginning, but how does everyone know that Mr Rick is 100% at fault for infecting him?  Is it not entirely possible that the "victim" could have contracted it from someone else?  Just asking. 

Lucky Chuckie
Lucky Chuckie

And if you get killed by a drunk driver, should that be your fault? Because you chose to be on the road.

Coronary
Coronary

If you decide to play chicken with a drunk driver, sure.

This guy didn't stab his "victim" in a neck with a syringe full of HIV. They had consensual sex.

SJ Hosin
SJ Hosin

Stop barebacking with strangers. It's not about being "afraid" of life, it's about 20 minutes with a stranger costing you 20 healthy years of life.

Zebrabustillos
Zebrabustillos

I think that no matter if someone tell u or not.about their HIV status.. You.should be yhe only one pritecting your self, you should have.made him wear a condom

Tshasnoego
Tshasnoego

This person was not forced to have unprotected sex so why is Rick getting convicted? Granted it wasn't the right thing to do,but theirs no law that says he "has" to disclose his status the other guy should have said lets wear a condom or at least ask Rick if he knew his HIV status. They were both irresponsible so in that case they both should be prosecuted?

Radamesriverajimenez
Radamesriverajimenez

10 years is not enough . Hopefully people in there will make it feel much longer.

Coronary
Coronary

 Yeah, fuck sick people.

LAkid
LAkid

Both people were wrong here. Always be safe, but if you have HIV, you HAVE to disclose whether it is asked or not. My question is this, if this guy let some random dude bone him raw dawg, chances are he let someone do it before him. So if he got sick so soon after, chances are he already had it, unless of course he had taken a HIV test earlier that day that was neg. No way of really knowing, unless he discloses all of his other "casual" partners. All this gives gay people with morals and values, a really bad name. 

Chuckestarr
Chuckestarr

It's about time these pricks are held responsible for purposely infecting other people! I would like to see them go after these "Bareback" web sites where the promote spreading HIV. The most sinister "Bareback.com" Where their slogan is "No matter what you promised, NEVER pull out of Dodge"  I would like a law that would hold public places that promote "Unsafe Sex Parties" responsible for everyone that gets infected on their property as well.

Michael Warren
Michael Warren

Just read the article, and it seems like they're making this guy out to be some kind of Predator. "...Rick came in to the Saloon Bar, where his victim worked as a bartender." Really, "Victim"!?!? While I agree, that not informing his partner of his status, was totally WRONG. I don't believe he set out to intentionally infect the person. Not to mention, you CAN NOT place the blame solely on 'Rick, it takes TWO to Tango, and the other person COULD HAVE CHOSEN to use protection, or at least to bring up the subject of Status. In my opinion, both parties are at fault here, and what happened is unfortunate, but that doesn't mean Daniel Rick should be slapped with felony charges. And the way this story is being publicized, is just one more example of how the LGBT community will ALWAYS be blamed for the spread of HIV, no matter how far we've come... If you're going to take risks like having unprotected sex, be AWARE of theses risks, and take responsibility for your OWN CHOICES! Even if the other person is lying about, or withholding information about their Status, YOU still have the OPPORTUNITY to CHOOSE to be SAFE. If you don't take that opportunity, and something like testing Positive happens, don't try to place total blame on the other person. You CAN blame the other person for lying/not informing you, but you CAN NOT blame them for YOUR poor judgement.

Chuckestarr
Chuckestarr

The guy is a barebacker so what else is new that's part of their scene...Infect as many as possible.

Michael Warren
Michael Warren

Purposely infecting people through unprotected sex is NOT a part of the "Bareback" scene. What you're referring to is more along the lines of the "Bug/Chaser" scene. Those who wish to contract HIV (Bug Chasers), and those who are Positive and willing to infect them (Bugs). I myself occasionally engage in BB sex, (though only with a SELECT few people, that I know well, and trust) so I can't exactly say it's "Wrong", because I don't believe it is. BB sex is one of two things: a Blind risk, or a Calculated risk. Blind risk being: anonymous bareback sex, and Calculated risk being: bareback sex with someone you believe you can trust. Either way you look at it, it all boils down to RISK.

Juan Davis
Juan Davis

Many interesting thoughts in the comments.  Just wanted to tell folks that in Canada, pursuant to a ruling of the Canadian Supreme Court,  the responsibility rests squarely with the person who is HIV + to inform a prospective sex partner before they have sex.  Just saying that is how the responsibility has been designated by the court here and there have been successful prosecutions since that ruling.

Jim Leckliter
Jim Leckliter

This is a horrible decision....it's ultimately your responsibility to take care of yourself..if you don't ask you are willingly submitting yourself to dangers.

the  donna
the donna

As it states in the law in every state of the U.S., if you tested positive for HIV, you have to let your sex partner know that you are HIV+, if you do not tell them of your status and they get infected you can face up to life in prison. Granted every state is different about the statue f the crime. But you have to let the other person know that you are infected with HIV before you start anything sexual with the other person!

Patrick O'Brien
Patrick O'Brien

I knew him when I worked at the bar and he was seedy and shady back then. I think it should be illegal to have sex knowing you are infected. Its gross, but its a subject that needs to have some light shed on it as its dangerous and immoral behavior. Im glad he is getting in trouble and maybe other gays should be more careful about who they mess around with. 

Bung
Bung

Yes! People with HIV should be persecuted and not allowed to have sex! We need more second class citizens in this country! HIV is GROSS!

Kenneth
Kenneth

This is a case where a "sarcasm font" would come in very handy huh?

Tazzie31542000
Tazzie31542000

you post is nasty and rude.Tomorow is wourld AIDS day you should think about what you say in your post .I  voleuteer with person with HIV/AIDS.Did a baby who got it is gross .our the person who had a blood transfusion.I  had a cousin who died from AIDS 27 yrs ago and yes he was gay .you need to grow up and not act like a stuid little kid.

TomCat84
TomCat84

Sarcasm doesn't carry well over the interwebs

Patrick O'Brien
Patrick O'Brien

Im gay, but do not sleep around and am careful when I do have sexual encounters. Bung, stfu and get off my post you parasite. 

TomCat84
TomCat84

How do you define "sleep around"? Get off your moral high horse bro

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