LUFKIN, TX (KTRE) - A judge sentenced a Lufkin man Tuesday to 10 years in prison for spitting on officers and allegedly claiming to have HIV during and arrest for public intoxication.
Sir John Oliphant, 34, was arrested July 4, 2011, for yelling and showing signs of public intoxication. According to the arrest affidavit, an officer was trying to arrest Oliphant, who has said in the past that he is infected with HIV, and Oliphant spat at the officer on the arm. He is also accused of spitting at another officer during the arrest.
Once Oliphant was taken to the jail, jailers placed Oliphant in a restraint chair and put a spit mask on his face, according to an affidavit.
An HIV test was conducted on July 5 and it stated Oliphant did not have HIV.
Oliphant contacted KTRE with the results, while out on a PR bond to undergo surgery. He claimed officers fabricated a different story.
"The officers had pulled me out the police car while I was handcuffed, and I fell and busted my elbow and my head," said Oliphant. "And, it was blood on the restraint chair, and I told them that's how you catch aids because it was blood on the restraint chair. And, I was bleeding, and they assumed that I said I had aids."
Oliphant pleaded guilty in January in District Judge Paul White's courtroom. Oliphant faced prison time ranging from 2 to 20 years.
White issued the 10-year prison sentence after hearing more testimony Tuesday.