HIV-spreader sentence exceeds plea deal

GRAND RAPIDS, Mich. (WOOD) - A Comstock Park man was sentenced to at least 17 months in prison for not telling a sex partner he was HIV-positive.

David Smith, 51, pleaded guilty t o the crime as part of a plea deal in June, originally told police he'd had unprotected sex with many people.

He had undergone a psychiatric evaluation and was found competent to stand trial.

The victim in the case spoke at the sentencing, saying this was a precedence case.

"In one night, David took all my hopes and dreams and my life away from me," said the victim. "I tried the best I could do to get on with my life."  

The victim asked the judge to sentence Smith to the maximum of four years in prison.   

"I gave you what this is, this messed up stuff, and nothing that I can do will make that right, and while it isn't enough, it's not nearly enough, I heartfully apologize," said Smith.

According to a plea agreement reached, Smith pleaded guilty in exchange for a recommended sentence of between zero and 17 months in jail.

At the sentencing, the judge asked whether the agreement stated that if the judge went outside the zero- to 17-month sentence, Smith could withdraw his plea. Smith's lawyer said the plea agreement stated he could withdraw his plea.  

The judge then sentenced Smith to 17 months to four years in prison, calling his actions "truly reprehensible conduct."  

But neither Smith nor his lawyer withdrew the guilty plea.

Human immunodeficiency virus, or HIV, is the virus that causes acquired immune deficiency syndrome (AIDS). The virus weakens a person's ability to fight infections and cancer.

The Kent County Health Department offers safe and confidential HIV testing . Anyone concerned that they may have been infected can call Personal Health Services Clinic at 616.632.7171.