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	<title>Comments on: Can Spit Can Be A Deadly Weapon?</title>
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	<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/</link>
	<description>Brian Cuban's version of TRUTH, JUSTICE  and the UN-AMERICAN WAY</description>
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		<title>By: benandcindy</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-6328</link>
		<dc:creator>benandcindy</dc:creator>
		<pubDate>Mon, 08 Jun 2009 16:19:23 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-6328</guid>
		<description>I think what is important is that spitting is disgusting, and I pointed this story out to my 11 year old to show that Mommy was not the only one who took his spitting on his sister seriously. </description>
		<content:encoded><![CDATA[<p>I think what is important is that spitting is disgusting, and I pointed this story out to my 11 year old to show that Mommy was not the only one who took his spitting on his sister seriously.</p>
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		<title>By: bobbi</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1526</link>
		<dc:creator>bobbi</dc:creator>
		<pubDate>Mon, 09 Jun 2008 19:22:32 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1526</guid>
		<description>too bad it&#039;s never happened in recorded history yet.</description>
		<content:encoded><![CDATA[<p>too bad it&#8217;s never happened in recorded history yet.</p>
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		<title>By: Brad</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1282</link>
		<dc:creator>Brad</dc:creator>
		<pubDate>Mon, 02 Jun 2008 06:18:19 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1282</guid>
		<description>Well, if you were a bum, i can probably garuntee you did not brush your teeth for quite a while.

If thats the case, it wouldn&#039;t be uncommon for his mouth to contain blood from gingivitis or other gum diseases.

So in essence, there could be blood in his saliva. 

Whoever says its impossible to contract hiv from saliva is retarded.

Its possible to contract HIV from saliva that contains blood, hello people!</description>
		<content:encoded><![CDATA[<p>Well, if you were a bum, i can probably garuntee you did not brush your teeth for quite a while.</p>
<p>If thats the case, it wouldn&#8217;t be uncommon for his mouth to contain blood from gingivitis or other gum diseases.</p>
<p>So in essence, there could be blood in his saliva. </p>
<p>Whoever says its impossible to contract hiv from saliva is retarded.</p>
<p>Its possible to contract HIV from saliva that contains blood, hello people!</p>
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		<title>By: Bobbi</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1270</link>
		<dc:creator>Bobbi</dc:creator>
		<pubDate>Sun, 01 Jun 2008 20:29:05 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1270</guid>
		<description>it comes down to if the assailant believed it was a deadly weapon or not (if the gun was loaded or not). it&#039;s like the difference between 1st degree murder and manslaughter. In manslaughter a guy actually dies but there was no intent so its not as bad. If the spitter knew you couldn&#039;t get HIV that way then he should be clear on that charge (hard to determine but in a court of reasonable doubt, the person should probably not be charged on that). If he was actually trying to infect the guy then I guess you can call it a weapon, albeit a weapon that doesn&#039;t work. Spent some time looking up the definition and pens and jellybeans and stuff actually can be included as deadly weapons so I guess spit can too. But again this is all about intent which is extremely easy to deny in this case.

@kirralin23
BTW, acetaminophen kills the liver. and, yeah, it isn&#039;t a pleasant way to die. You last a few days while you slowly get poisoned to death by your own body&#039;s waste products.</description>
		<content:encoded><![CDATA[<p>it comes down to if the assailant believed it was a deadly weapon or not (if the gun was loaded or not). it&#8217;s like the difference between 1st degree murder and manslaughter. In manslaughter a guy actually dies but there was no intent so its not as bad. If the spitter knew you couldn&#8217;t get HIV that way then he should be clear on that charge (hard to determine but in a court of reasonable doubt, the person should probably not be charged on that). If he was actually trying to infect the guy then I guess you can call it a weapon, albeit a weapon that doesn&#8217;t work. Spent some time looking up the definition and pens and jellybeans and stuff actually can be included as deadly weapons so I guess spit can too. But again this is all about intent which is extremely easy to deny in this case.</p>
<p>@kirralin23<br />
BTW, acetaminophen kills the liver. and, yeah, it isn&#8217;t a pleasant way to die. You last a few days while you slowly get poisoned to death by your own body&#8217;s waste products.</p>
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		<title>By: Simon Slade</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1259</link>
		<dc:creator>Simon Slade</dc:creator>
		<pubDate>Sun, 01 Jun 2008 07:56:18 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1259</guid>
		<description>Love the picture for the story! Brings back some great memories from Silence of the Lambs :)

Simon</description>
		<content:encoded><![CDATA[<p>Love the picture for the story! Brings back some great memories from Silence of the Lambs <img src='http://www.briancuban.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>Simon</p>
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		<title>By: kirralin23</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1256</link>
		<dc:creator>kirralin23</dc:creator>
		<pubDate>Sun, 01 Jun 2008 05:49:57 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1256</guid>
		<description>I think that if you try to shoot someone with a gun that you believe to be loaded but in reality is empty it is still attempted murder.  Seems kind of similar to this case.  Even if the officer didn&#039;t have any open sores that would allow the virus ready access to his blood stream the perp didn&#039;t know that and he tried to give him a deadly disease.</description>
		<content:encoded><![CDATA[<p>I think that if you try to shoot someone with a gun that you believe to be loaded but in reality is empty it is still attempted murder.  Seems kind of similar to this case.  Even if the officer didn&#8217;t have any open sores that would allow the virus ready access to his blood stream the perp didn&#8217;t know that and he tried to give him a deadly disease.</p>
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		<title>By: Mark</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1254</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Sun, 01 Jun 2008 03:52:00 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1254</guid>
		<description>Is a pen a deadly weapon? No?  How about if you stab someone 15 times in the rib cage with it?

A deadly weapon is not always about what the item is, it can be about how it is used.</description>
		<content:encoded><![CDATA[<p>Is a pen a deadly weapon? No?  How about if you stab someone 15 times in the rib cage with it?</p>
<p>A deadly weapon is not always about what the item is, it can be about how it is used.</p>
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		<title>By: KenpoDrew</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1249</link>
		<dc:creator>KenpoDrew</dc:creator>
		<pubDate>Sun, 01 Jun 2008 01:17:39 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1249</guid>
		<description>I think TB needs more attention in this thread. Also, if the spitter has the intent to spread a disease with no known cure, and the ability to completely destroy the person/s life that is being spit on, then the spitter should be treated the same way as if someone tried to shoot someone and missed. Doesn&#039;t matter that the bullet could or couldn&#039;t have hit you, the intent was still there. Same with diseases, it doesn&#039;t matter that you could or couldn&#039;t catch TB or AIDs from someone spitting on you, the intent was still there.</description>
		<content:encoded><![CDATA[<p>I think TB needs more attention in this thread. Also, if the spitter has the intent to spread a disease with no known cure, and the ability to completely destroy the person/s life that is being spit on, then the spitter should be treated the same way as if someone tried to shoot someone and missed. Doesn&#8217;t matter that the bullet could or couldn&#8217;t have hit you, the intent was still there. Same with diseases, it doesn&#8217;t matter that you could or couldn&#8217;t catch TB or AIDs from someone spitting on you, the intent was still there.</p>
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		<title>By: kirralin23</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1248</link>
		<dc:creator>kirralin23</dc:creator>
		<pubDate>Sun, 01 Jun 2008 01:04:14 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1248</guid>
		<description>@ Bobbie

I&#039;m glad you brought up the fact the acetaminophin can kill you.  It&#039;s actually one of the more deadly medications on the market.  I have a friend who is a peramedic/fireman.  He&#039;s gone on quite a number of calls where people &quot;attempt suicide&quot; as a desperate plea for help.  Unfortunately they wait too long to call the paramedics and by the time help arrives they&#039;ve already absorbed too much acetaminophen into their blood stream.  It shuts down the kidneys (I think that&#039;s right, although it might be the liver) and the patient dies a few days later.  There&#039;s nothing the doctors can do.  You simply can&#039;t get a donor organ that fast.  If you are going to &quot;attempt suicide&quot; as a desperate plea for help don&#039;t use acetaminophen, or at least call for an ambulance immediately after swallowing the pills.</description>
		<content:encoded><![CDATA[<p>@ Bobbie</p>
<p>I&#8217;m glad you brought up the fact the acetaminophin can kill you.  It&#8217;s actually one of the more deadly medications on the market.  I have a friend who is a peramedic/fireman.  He&#8217;s gone on quite a number of calls where people &#8220;attempt suicide&#8221; as a desperate plea for help.  Unfortunately they wait too long to call the paramedics and by the time help arrives they&#8217;ve already absorbed too much acetaminophen into their blood stream.  It shuts down the kidneys (I think that&#8217;s right, although it might be the liver) and the patient dies a few days later.  There&#8217;s nothing the doctors can do.  You simply can&#8217;t get a donor organ that fast.  If you are going to &#8220;attempt suicide&#8221; as a desperate plea for help don&#8217;t use acetaminophen, or at least call for an ambulance immediately after swallowing the pills.</p>
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		<title>By: Bobbi</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1246</link>
		<dc:creator>Bobbi</dc:creator>
		<pubDate>Sun, 01 Jun 2008 00:28:43 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1246</guid>
		<description>While it&#039;s true even a single HIV virus can infect a person. The odds of getting HIV from a needle stick (having a needle of an HIV positive person IN YOU) is only around 0.4%. 

Assuming the &quot;attacker&quot; actually believed you could transmit HIV through spit, it depends how ridiculous an attack can be considered a deadly weapon. If someone through a jelly bean at you saying he&#039;s going to kill you with it is that attempted murder? theres a chance the jelly bean might get in your mouth and make you choke. Or more reasonably if someone shoots a champagne cork at you with malice (which have been known to kill people..not exactly sure how but they have). Seeing as we have recorded evidence of corks killing ppl and not HIV saliva transmission the requirements for a deadly weapon have to be quite reduced. Human spit itself is chock full of bacteria that is potentially lethal in the right circumstances so the same exact situation with an HIV negative person should cause the same response. If spit is a deadly weapon then so are champagne corks and jelly beans and the obvious kicking and punching anyone does who&#039;s resisting arrest. Will these all be deadly weapons too? 

 If you&#039;re arguing intent to kill then that&#039;s different. We&#039;ll just have to accept lame attempts at homicide as well. Throwing sponges or something. Either way it&#039;ll be nearly impossible to prove in court anyway. You can always lie and say you just wanted to scare/hurt the guy. Making this logistically difficult if anything.

Oh and as for the acetaminophen suicide. acetaminophen overdose will very easily kill you. It&#039;s one of the leading causes of drug suicides actually and one of the first things doctors test for in the ER. Since this is the policy now and since treatment is pretty good I guess you can say the success rate is lower now but as long as you find a way to stay away from a hospital for a little while then you&#039;ll die very easily (as easily as you can by taking drugs of course which in itself isn&#039;t that effective).</description>
		<content:encoded><![CDATA[<p>While it&#8217;s true even a single HIV virus can infect a person. The odds of getting HIV from a needle stick (having a needle of an HIV positive person IN YOU) is only around 0.4%. </p>
<p>Assuming the &#8220;attacker&#8221; actually believed you could transmit HIV through spit, it depends how ridiculous an attack can be considered a deadly weapon. If someone through a jelly bean at you saying he&#8217;s going to kill you with it is that attempted murder? theres a chance the jelly bean might get in your mouth and make you choke. Or more reasonably if someone shoots a champagne cork at you with malice (which have been known to kill people..not exactly sure how but they have). Seeing as we have recorded evidence of corks killing ppl and not HIV saliva transmission the requirements for a deadly weapon have to be quite reduced. Human spit itself is chock full of bacteria that is potentially lethal in the right circumstances so the same exact situation with an HIV negative person should cause the same response. If spit is a deadly weapon then so are champagne corks and jelly beans and the obvious kicking and punching anyone does who&#8217;s resisting arrest. Will these all be deadly weapons too? </p>
<p> If you&#8217;re arguing intent to kill then that&#8217;s different. We&#8217;ll just have to accept lame attempts at homicide as well. Throwing sponges or something. Either way it&#8217;ll be nearly impossible to prove in court anyway. You can always lie and say you just wanted to scare/hurt the guy. Making this logistically difficult if anything.</p>
<p>Oh and as for the acetaminophen suicide. acetaminophen overdose will very easily kill you. It&#8217;s one of the leading causes of drug suicides actually and one of the first things doctors test for in the ER. Since this is the policy now and since treatment is pretty good I guess you can say the success rate is lower now but as long as you find a way to stay away from a hospital for a little while then you&#8217;ll die very easily (as easily as you can by taking drugs of course which in itself isn&#8217;t that effective).</p>
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		<title>By: kirralin23</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1245</link>
		<dc:creator>kirralin23</dc:creator>
		<pubDate>Sun, 01 Jun 2008 00:20:19 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1245</guid>
		<description>There is no known case of AIDS being transferred by spit to spit contact.  However, there are known cases of AIDS being transferred by spit to blood contact, such as when the perpetrator bites the victim.  Had the officer had an open wound that the spit came in contact with he could have contracted aids.  It is not uncommon for an individual to have an open wound in or on their mouth, i.e. chapped lips that are cracked or a bite on the tongue while eating will create open wounds.  In this case the perpetrator was specifically targeting this officer in an attempt to give him a deadly disease.  I would guess he did this because he doesn&#039;t like being homeless and wanted to return to prison where he has a roof over his head, a bed to sleep in and three square meals a day.</description>
		<content:encoded><![CDATA[<p>There is no known case of AIDS being transferred by spit to spit contact.  However, there are known cases of AIDS being transferred by spit to blood contact, such as when the perpetrator bites the victim.  Had the officer had an open wound that the spit came in contact with he could have contracted aids.  It is not uncommon for an individual to have an open wound in or on their mouth, i.e. chapped lips that are cracked or a bite on the tongue while eating will create open wounds.  In this case the perpetrator was specifically targeting this officer in an attempt to give him a deadly disease.  I would guess he did this because he doesn&#8217;t like being homeless and wanted to return to prison where he has a roof over his head, a bed to sleep in and three square meals a day.</p>
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		<title>By: perogi</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1244</link>
		<dc:creator>perogi</dc:creator>
		<pubDate>Sat, 31 May 2008 23:27:13 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1244</guid>
		<description>It takes only 1 virus to enter a person&#039;s body to transmit a disease.  Don&#039;t be an idiot and believe that it is not possible because no known cases have ever been reported.

Doctor: Sir, you have AIDS.
Man: How can that be, I&#039;ve only been spit on by transients with HIV!?
Doctor (thinks): oh boy this is going to look great in the New England Journal of Medicine!!</description>
		<content:encoded><![CDATA[<p>It takes only 1 virus to enter a person&#8217;s body to transmit a disease.  Don&#8217;t be an idiot and believe that it is not possible because no known cases have ever been reported.</p>
<p>Doctor: Sir, you have AIDS.<br />
Man: How can that be, I&#8217;ve only been spit on by transients with HIV!?<br />
Doctor (thinks): oh boy this is going to look great in the New England Journal of Medicine!!</p>
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		<title>By: Michael M.</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1243</link>
		<dc:creator>Michael M.</dc:creator>
		<pubDate>Sat, 31 May 2008 23:11:04 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1243</guid>
		<description>The intent was to inflict harm to the peace officer.  The fact that the suspect was homeless is irrelevent.  And the potency of the spit (versus using a more lethal gallon of spit for example) is also not relevent.  The fact that the suspect was not very good at inflicting bodily harm because he didn&#039;t use enough spit does NOT diminish his intent to use it as a lethal weapon.  

Unlike Speaker who was just an arrogant, selfish and reckless prick, the spitter in your story intended malice, which as you know carries a much higher level of culpability that that tool Speaker.  

Because someone doesn&#039;t kill someone with their intentional act of violance doesn&#039;t mean that they didn&#039;t mean to not kill them.

Michael M.s last blog post..&lt;a href=&quot;http://feeds.feedburner.com/~r/DaddiosDailyDose/~3/301947220/bozone.html&quot; rel=&quot;nofollow&quot;&gt;The Bozone&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>The intent was to inflict harm to the peace officer.  The fact that the suspect was homeless is irrelevent.  And the potency of the spit (versus using a more lethal gallon of spit for example) is also not relevent.  The fact that the suspect was not very good at inflicting bodily harm because he didn&#8217;t use enough spit does NOT diminish his intent to use it as a lethal weapon.  </p>
<p>Unlike Speaker who was just an arrogant, selfish and reckless prick, the spitter in your story intended malice, which as you know carries a much higher level of culpability that that tool Speaker.  </p>
<p>Because someone doesn&#8217;t kill someone with their intentional act of violance doesn&#8217;t mean that they didn&#8217;t mean to not kill them.</p>
<p>Michael M.s last blog post..<a href="http://feeds.feedburner.com/~r/DaddiosDailyDose/~3/301947220/bozone.html">The Bozone</a></p>
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		<title>By: PS3 Guy</title>
		<link>http://www.briancuban.com/spit-can-be-a-deadly-weapon/comment-page-1/#comment-1242</link>
		<dc:creator>PS3 Guy</dc:creator>
		<pubDate>Sat, 31 May 2008 23:08:28 +0000</pubDate>
		<guid isPermaLink="false">http://briancuban.com/?p=325#comment-1242</guid>
		<description>This is ridiculous.  Assault with a deadly weapon?  The man would have had to dump a gallon of his saliva directly onto a bullet wound on the officer to even have the possibility of infecting him with H.I.V.</description>
		<content:encoded><![CDATA[<p>This is ridiculous.  Assault with a deadly weapon?  The man would have had to dump a gallon of his saliva directly onto a bullet wound on the officer to even have the possibility of infecting him with H.I.V.</p>
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