[Vision2020] Hearing set for Moscow man

Shelly CJs at turbonet.com
Sat Dec 10 13:58:09 PST 2005


Hearing set for Moscow man facing HIV charge


By DAVID JOHNSON
of the Tribune
MOSCOW -- A Dec. 20 preliminary hearing has been scheduled for a Moscow man
charged with a felony count of transfer of body fluids that may contain HIV.

Kanay A. Mubita, 31, remained in the Latah County Jail Friday night on a $5
000 bond after being arrested Wednesday by Moscow police. Latah County
Public Defender Charles Kovis has been assigned to the case. 
Mubita is accused, according to the criminal complaint, of having sexual
intercourse with a woman one year ago without first informing her that he
carried HIV. The virus can lead to AIDS. 
The woman, 27, has a child that Mubita told authorities he fathered,
according to an affidavit filed by Moscow police officer Paul Kwiatkowski. 
Mubita, who was born in Luska, Zambia, denied having sexual relations with
anyone else except his ex-wife, according to records. But an investigation
found that Mubita tested positive for HIV and allegedly "continued to have
unprotected sexual relations with different partners" without first
notifying them of his HIV status, according to records. 
Authorities also questioned Mubita about whether he had sexual relations
with a 26-year-old female, but he denied knowing the woman, according to
records. 
Mubita's arrest came after prosecutors forwarded documentation to police,
according to records. Kwiatkowski wrote in his affidavit that Mubita agreed
to be interviewed and came to the police station Tuesday on his own. While
he was being interviewed by one officer, another officer called a health
department official who confirmed, according to the affidavit, that Mubita
had been informed several times that he tested positive for HIV. 
But Mubita, according to the affidavit, continued to deny having received
notification from anyone about his HIV status. When police asked him to make
a written statement, Mubita asked permission to go home and write it,
according to the affidavit, and police agreed. 
The next day, according to the affidavit, police received a phone call from
Mubita's case worker who said Mubita was upset about the previous day's
interview. The case worker asked police to check on him, according to the
affidavit. 
When officers contacted Mubita at his apartment, he said he had indeed
tested positive for HIV, according to the affidavit. 
The intentional transfer of body fluids which may contain the HIV virus is
punishable by a maximum penalty of 15 years in prison and a $5,000 fine. 
------ 
Johnson may be contacted at deveryone at potlatch.com
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