Important note: Information in this article was accurate in 2005. The state of the art may have changed since the publication date.
Associated Press - November 22, 2005
Greg Bluestein
A Fulton County judge sentenced Garry Wayne Carriker to two years in prison and eight more years of probation. The sentence will be served concurrently with an identical sentence issued earlier this month by a Fayette County judge for a separate incident.
Carriker must also serve 500 hours of community service after his release, the Fulton judge said.
The fourth-year medical student and 2001 graduate of the U.S. Air Force Academy was charged under a little-used Georgia law that makes it a felony for people who know they have HIV to engage in sex without disclosing their status.
A lawsuit filed by John Withrow of Peachtree City said that Carriker learned he had HIV in June 2003. The lawsuit said the two men met in an Internet chat room in December of that year but that Carriker did not tell him he had the virus until their relationship ended after about four months.
Withrow contacted police and Carriker was arrested last year, sending a jolt through Atlanta's gay community.
But after his arrest, prosecutors say he had sex with two more men in nearby Fulton County without telling them he had the virus.
"That demonstrates he had not learned a lesson or had become more aware of his responsibility," said Erik Friedly, a spokesman for the district attorney's office.
Withrow said that although coming forward was difficult, he hopes more people are now aware of the law.
"No one should ever put another person's life or health at risk - no matter what the level of risk may be," he said.
His attorney said the case is a reminder that anyone - not just gay men - who believes their lovers knowingly exposed them to the virus has legal recourse.
"We're happy that a message was sent to Carriker and anyone else who puts themselves in this situation," said Adam Jaffe, who is representing Withrow in an ongoing civil case against Carriker. "If you shoot bullets into a crowd, you're going to jail."
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