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Man sentenced to six months for knowingly giving HIV to his partner

SAN DIEGO, California - Thomas Miguel Guerra received a six-month sentence reports NBC 7 News San Diego .

Guerra is accused of willfully spreading HIV to his un-named partner who allegedly wasn’t aware of Guerra's positive status.

“I am not a monster,” Guerra said before sentencing, “I would never do something like what I’m accused of.”

But during sentencing Judge Katherine Lewis was not very pleased according to the report, "There's no question in my mind that he's guilty," Lewis said. "There's no doubt in my mind, Mr. Guerra would have been convicted.”

Reduced to a misdemeanor charge, Judge Lewis called a six-month sentence in the case a "travesty."

"I think that's a tremendous oversight in the law if this is just a misdemeanor," she said. "If any good comes out of it, that this law would change and become a felony."

Guerra made a no contest plea on charges of willfully transmitting HIV. A no contest plea means he neither admits nor denies the charge, it is treated the same as a guilty plea.

Guerra’s ex-boyfriend accuses him of knowingly deceiving him about having HIV, even pressuring him to have sex without protection the city attorney’s office said.

At Monday’s sentencing hearing, an arrest warrant was submitted showing 11,000 text messages in which Guerra had deceived others about his HIV status as well, even joking about how nobody else knew.

Guerra responded by saying the texts were between him and friend and not the accuser, calling him careless, "I did not rape this person, I did not take him against his will, within five minutes of Grindr text messaging, he was there. If you are that reckless with your life, how can you blame someone else's actions?" Guerra said.

The two men met on a social app called Grindr in 2013, where they texted each other and eventually met up and became friends.

Guerra’s attorney was reluctant to bring the case to trial saying that he feared the jury would not respond well to his client’s dark sense of humor.

Judge Lewis was not in agreement, she said Guerra showed little remorse, "I don't think in my 25-plus years in a law, I've ever seen somebody be so lacking of insight, blame or responsibility that you have demonstrated."

In addition to the six-month sentence, the judge has also ordered Guerra to stay off of dating sites, Grindr specifically.