Authorities are not sure whether a 27-year-old man, who was posing as a woman when he was arrested last week in Denver during a prostitution sting, actually has AIDS.
Regardless, he is being charged with prostitution with the knowledge of having AIDS or HIV infection – a charge that turns a city ordinance violation into a felony punishable by up to three years in prison, authorities said Tuesday.
Darren Garcia is being held in lieu of $50,000 bail.
“The allegation is that he told officers on his way to jail that he had AIDS, and the charge is based on the allegation that is what he told the officers after he was arrested,” district attorney spokeswoman Lynn Kimbrough said.
According to an arrest affidavit, Garcia climbed into the car of an undercover officer at East Colfax Avenue and Josephine Street and offered to perform oral sex for $30.
While he was being transported to jail, he allegedly told officers that he is infected with AIDS, Kimbrough said.
Authorities are not aware if Garcia has infected anyone, but doing so with the knowledge of his disease could lead to stiffer charges.
Twelve years ago, a notorious Denver prostitute who continued soliciting despite knowledge that she had AIDS was handed a five-year prison sentence – two years longer than the normal maximum. A judge cited aggravating circumstances in Avis Young’s 13-year history of prostitution.
A statewide law, aimed specifically at Young, was enacted making prostitution with the knowledge of having HIV or AIDS illegal.
Kimbrough said that if further investigation discovers Garcia had knowingly infected “customers” he could be looking at harsher penalties.
“If information and evidence is discovered that he’s committed additional crimes, then he can face additional charges, but that would really be speculation at this point,” Kimbrough said.
Wearing his hair long and his face covered in makeup, Garcia wore an Colorado Avalanche jersey in his jail booking photo.
“At first blush, he does fabulous things with makeup,” Kimbrough said.
Garcia has been jailed for five previous convictions related to prostitution.
Staff writer Manny Gonzales can be reached at 303-954-1537 or mgonzales@denverpost.com.
