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Man gets two years for infecting woman with HIV

Date published: 9/27/2006

By KEITH EPPS

A Stafford County man who passed the AIDS virus to an unsuspecting young woman was sentenced yesterday to two years in jail.

Jose Luis Montalvo, 22, pleaded guilty in May to two misdemeanor counts of infected sexual battery.

Montalvo had been facing five felony charges. But in the middle of a jury trial, Judge H. Harrison Braxton Jr. dismissed three of the charges and reduced two to misdemeanors, saying there was no evidence that Montalvo intentionally infected the now 19-year-old woman.

Montalvo immediately pleaded guilty to the misdemeanors, leaving the jury with nothing else to consider.

Yesterday, Braxton gave Montalvo the maximum penalty on each of the remaining charges--12 months in jail and a $2,500 fine.

That didn't satisfy the mother of the now 20-year-old victim, who said she remains "appalled" that the felony charges were dismissed.

"This gentleman has given my daughter a death sentence and all he gets are misdemeanor convictions," the mother said. "There's no justice in that."

Because of the time he's already spent in jail, Montalvo could be released within a month.

According to evidence presented by prosecutors Caleb Frigerio and Eric Olsen, Montalvo learned in March 2004 that he was HIV-positive. He had gotten the virus from sex with men, according to testimony.

He met the victim later that year when they were both working at a local store.

The victim, who testified that she was an 18-year-old virgin at the time, said she was flattered by Montalvo's attention and had protected sex with him in his car the day after she met him.

The woman said she continued dating Montalvo for about a month and a half. They had sex several more times, she said, and all but the first time was unprotected.

The woman said she repeatedly encouraged Montalvo to use a condom, but he resisted.

The victim found out in May of last year that she was HIV-positive. Though she had two more boyfriends after Montalvo, the woman said he was the only one with whom she'd had unprotected sex.

She said Montalvo never mentioned his HIV to her, even though she expressed concerns about sexually transmitted diseases.

Detective Don Lenhart said Montalvo admitted knowing he had HIV during a Sept. 1 interview. Told that he may have passed it on to the woman, Lenhart quoted Montalvo as saying, "Life is like that."

The victim's mother said that although her daughter is currently "holding her own," the virus has devastated her family.

She said it costs $1,600 a month for the medication she needs and $1,600 every two months for blood work. She said the victim won't be covered by the family insurance policy once she turns 23 or if she's no longer able to remain a student.

"We don't want her to die but because of what he did that's what could happen," the sobbing mother said. "If I could give my life for hers right now, I would. It's not supposed to be this way."

To reach KEITH EPPS:540/374-5404
Email: kepps@freelancestar.com

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Date published: 9/27/2006