Important note: Information in this article was accurate in 2005. The state of the art may have changed since the publication date.
 |
|
|
Washington Blade - May 27, 2005
Dyana Bagby
Gary Wayne Carriker, 26, of Fayetteville, is charged with one count of reckless conduct in Fayette County and two counts of reckless conduct in Fulton County. All three charges are felonies.
John Withrow, the 25-year-old man whose complaint led to the criminal charge against Carriker in Fayette County, also filed a civil suit in State Court in February against Carriker, claiming he has "suffered extreme and severe emotional distress arising from the fear of developing HIV."
"This is not really a money case," said Adam Jaffe, an attorney for Withrow, who lives in Peachtree City. "Our interest is to make sure [Carriker] does not do this again."
Withrow has tested negative in repeated HIV tests, Jaffe said.
"He will be enduring real mental trauma for the next couple of years," Jaffe added.
Carriker, a medical student at Emory University, did not respond to an e-mail or calls to his home in Fayetteville seeking comment. His attorney, H. Clay Collins of Fairburn, did not return calls.
In his April 2 response to the civil suit, Carriker denies the allegations and requests the civil suit be dismissed.
Carriker was arrested in November in Fayette County for allegedly having consensual sex with Withrow between Dec. 10, 2003, and April 30, 2004, without informing him he was HIV-positive, according to an arrest warrant.
Carriker was released from Fayette County jail on a $5,000 bond, according to court documents.
Fayette District Attorney Scott Ballard said Carriker was indicted in March and that the case may be placed on the trial calendar in September.
Carriker was arrested in Atlanta on April 18 and again on April 25 and charged with reckless conduct after two men alleged Carriker did not inform them of his HIV status before engaging in sex with them in separate incidents. Carriker was released on $25,000 bond.
Carriker allegedly engaged in consensual oral sex with one of the men between Jan. 8 and Jan 25, 2005, according to his May 10 indictment in Fulton Superior Court.
The man told police he had consensual sex with Carriker several times before Carriker disclosed he was HIV-positive on Jan. 25, 2005, according to an incident report from the Atlanta Police Department.
The indictment in Fulton also charges Carriker with having consensual oral and anal sex with a second Atlanta man without disclosing his HIV status between June 1, 2004, and Aug. 31, 2004.
Felony reckless conduct by a person with HIV is punishable by up to 10 years in prison.
Withrow, 25, who brought the reckless conduct charges against Carriker last year in Fayette County, filed a civil suit against Carriker in Fayette State Court in February.
Withrow's attorney said the two men met online in December 2003, and that Withrow asked Carriker several times if he was "disease and drug free." Withrow alleged in the lawsuit that Carriker told him he was HIV-negative.
The two men dated until April 2004 and had unprotected sex numerous times, according to the suit. Withrow claimed in the suit that after they broke up, Carriker admitted he was HIV-positive and being treated for the disease.
050527
WB050526
Copyright © 2005 - The Washington Blade. All rights reserved. Republication or redistribution of The Washington Blade content is expressly prohibited without the prior written consent of the Blade. The Washington Blade shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. The Washington Blade.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Boehringer Ingelheim, Bridgestone/Firestone Charitable Trust, Elton John AIDS Foundation UK, the National Library of Medicine, AIDS Walk of Orange County, and donations from users like you.
Always watch for outdated information. This article first appeared in 2005. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2005. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .