Authorities are not sure whether a 27-year-old man, who posed 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 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 today.
Darren Garcia is being held in Denver jail in lieu of $50,000 bond.
“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’s 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 the 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 involving Avis Young’s 13-year history of prostitution.
A statewide law was enacted making it prostitution with knowledge of HIV or AIDS illegal, specifically to prevent Young from spreading AIDS.
Kimbrough said that if further investigation discovers Garcia had knowingly infected “customers” that 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 long hair 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.
According to Denver County Court records, his first conviction for prostitution was in 2002, which resulted in 10 days in jail and a $500 fine.
A year later, he pleaded guilty to two acts relating to prostitution and was jailed for 90 days while a fine was waived.
In 2004, he pleaded guilty to another prostitution charge and spent 50 days in jail, while another case against him was dismissed.
In 2005, he again pleaded guilty with another case dismissed and served 45 days in jail and was ordered to pay $1,065 in fines and court costs.
Staff writer Manny Gonzales can be reached at 303-954-1537 or mgonzales@denverpost.com
