Charge dropped against woman accused of exposing MPD officer to - WMC Action News 5 - Memphis, Tennessee

Charge dropped against woman accused of exposing MPD officer to HIV


A woman accused of biting a police officer as she was being arrested is no longer charged with criminal exposure to HIV, but several other charges are now in the hands of a grand jury.

According to a police report, Dayton Smith was pulled over while driving a car with expired tags. Officers took her into custody because she did not have a valid driver's license and could not provide proof of insurance. As officer's searched her car, they said they found marijuana, crack, and cocaine. 

After placing Smith in a squad car, officers said Smith began banging on the door because she had to go to the bathroom. When officers said she could go later, she became angry and tried to get away. They said she began swinging her keys at the officers and bit one of them, drawing blood, as they tried to control her.

Also according to the police report, while at the hospital, Smith said she was HIV positive and has AIDS. 

A Nolle Prosequi was entered for the charge of criminal exposure to HIV, which means prosecutors declined to prosecute Smith for that charge. Other charges that were dropped include violation of vehicle registration law, resisting official detention, violation of financial law, possession of a controlled substance (cocaine), and possession of a controlled substance (marijuana).

However, Smith still faces charges that include driving with a suspended license, two counts of aggravated assault, and possession of cocaine with the intent to manufacture, sell, and/or deliver. Those charges were waived to a grand jury, which will review all the charges and can then indict on all of them, some of them, or none of them. 

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