BUFFALO, N.Y. (AP) — BUFFALO, N.Y. — The man who allegedly failed to tell his sexual partners he is HIV positive returned to court Tuesday for a felony hearing.
20-year-old Darryl Fortner is now facing four charges of reckless endangerment in the first degree – all felonies.
A spokesman with the Buffalo Police Department tells YNN that a fourth victim came forward Monday and another charge was filed against Fortner.
Fortner is accused of having sex with women without disclosing that he is HIV positive. He was charged in the first case last week, and police say two more women came forward over the weekend.
Fortner's attorney says the law for charges of reckless endangerment have changed since the Nushawn Williams case more than ten years ago. Williams remains behind bars for infecting 13 women with HIV in the Jamestown area and New York City.
Fortner's attorney says HIV is not a death sentence like it used to be, and says the mortality rate has decreased.
"Well if you look at the charge, reckless endangerment, you have to create a grave substantial risk of death,” said Earl Key, Fortner’s defense attorney.
Key wouldn't say if Fortner knew he was HIV positive or not.
"These are just simply allegations at this point, nothing more than allegations, and there's two sides to every story and you're going to learn our side real soon,” said Key.
The judge agreed to waive the felony hearing, which means a grand jury will decide if Fortner will be indicted.