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SALT LAKE CITY — A man who police say is HIV positive has been charged with aggravated assault for allegedly biting a UTA officer over a fare dispute.
On Aug. 29, 2010, Utah Transit Authority officer Glen Williams was checking fares at the UTA's Trolley Platform, 625 E. 400 South, when a man who got off the TRAX train was asked to show his ticket.
The man began arguing with Williams and "chest bumped" him two or three times, according to charges filed Tuesday in 3rd District Court. The man ran away and was quickly chased down by officers.
The man then kicked Williams three or four times in the back while Williams attempted to take him into custody.
The defendant yelled at officer Williams, 'I have AIDS and I'm going to bite you.'
–from the charging documents
"The defendant yelled at officer Williams, 'I have AIDS and I'm going to bite you,'" according to the charges. "The defendant then put his mouth and teeth on officer Williams' left forearm."
UTA spokesman Gerry Carpenter said no skin was broken during the assault.
"He threatened to bite the officer, he attempted to bite the officer but he was not successful in biting the officer," he said.
Williams was able to resume normal duties and is still with UTA, Carpenter said.
Bob Albert Borgogna, 39, did test positive for HIV, the charges state. Although he was arrested that day, charges were not filed until this week.
Carpenter said he did not know why there was more than a year-long delay in filing charges. A warrant for Borgogna's arrest was issued Tuesday charging him with aggravated assault, a third-degree felony, failing to stop at the command of an officer, a class A misdemeanor, and interfering with an arresting officer, a class B misdemeanor.
Court records show Borgogna pleaded guilty to assault in 2010. He was originally charged with a felony but was allowed to plead to a reduced misdemeanor charge. In June, a warrant was issued for his arrest for failing to comply with the terms of probation. The warrant was later recalled. A court hearing on that case is scheduled for Oct. 24.
Borgogna was also charged last month with retail theft and took a plea in abeyance on Sept. 30.
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