Charges Upgraded Against HIV Positive Man After Fight

A Fort Mill man tells Eyewitness News that a scuffle with a neighbor sent him to a doctor, but not for the reason you might think.

Shawn Moore, 36, was bitten in the chest by a man who told paramedics he was HIV positive. Moore said he had just walked across Tom Hall Street from a convenience store to his home on Bozeman Drive when 41-year-old James Chambers attacked him.

According to police, Chambers accused Moore of looking in his window at him and got angry. Chambers told officers the window screen had been removed and the blinds messed up, but they found no evidence of that.

Moore said after Chambers accused him of peeping at him, he started cursing and swinging at him.

"He took a swing at me, and I grabbed him trying to defend myself," Moore said. "When I grabbed him, he just kept on swinging at me, and I had him in a headlock and he just bit me."

Moore showed Eyewitness News a large red bite mark on his upper right chest near the shoulder. After the scuffle, when paramedics were treating Chambers for his injuries, he mentioned he was HIV positive.

Police planned to charge Chambers with assault and battery, but raised the charge to assault and battery with intent to kill after learning of his medical condition. Police Captain Bryan Zachary said the decision was made after talking with 16th Circuit Deputy Solicitor Willy Thompson.

"The suspect in this case did know, did have full knowledge that he was HIV positive, and that does constitute malicious intent," Zachary said.

He also said this is the first time Fort Mill police have made a charge like that for this reason. Thank you for participating. Should a person's HIV status affect the severity of criminal charges? Should a person's HIV status affect the severity of criminal charges? Yes No Depends on the situation

Thompson said he's never seen a case like this one either. Most criminal cases involving the HIV virus either are incidents where someone with the virus spits on a police officer or throws bodily fluids on a detention center officer.

Others face criminal charges if someone has sex without telling their partner they have the virus.

Chambers is in jail on $40,000 bond.

Moore said he was scared to learn of his neighbor's condition, but got good news on his visit to a doctor Wednesday morning.

"They said they're just doing the tests for safety precautions. They said (the bite) didn't break the skin, but they're doing it for safety precautions anyway," he said.

Moore has to go back to a doctor for more hepatitis and HIV tests in two weeks.

Moore said he's lived next to Chambers for a year with no problems between the two men. Despite what happened, he hopes they can be peaceful neighbors again.

"I hope a night in jail did him good, and it'll simmer down. I hope everything calms down," he said.

When asked about what could happen with his own health now, Moore said he thinks he's probably OK because the bite was superficial.

"You got to forgive," he said. "You can't hold grudges. I just hope he gets better."