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From DallasVoice.com Texas HIV-positive man, African-American woman trade insults on bus; prosecutor dismisses woman's citation, pursues case against man
Henson admits he tends to speak his mind in public, and that risky habit almost cost him a $561 fine or two days in jail in lieu of payment, he noted. Henson, 58, who has been HIV-positive since 1989, said in an interview this week he was riding the Maple 29 bus home from Oak Lawn to AIDS Services of Dallas' Hillcrest House in Oak Cliff on May 17, at about 6:20 p.m., when a woman became agitated because the bus was delayed by a crowd walking across the street. The woman, who was sitting two rows in front of him, said "'It's probably a bunch of queers trying to raise money for AIDS,'" he said. "It set me off," said Henson, who acknowledged having a few drinks before he got on the bus. "I could have been more political and just ignored it, but sometimes you just have to let it go." And let it go he did. Henson said he called the woman a "stupid bitch." Henson said he then walked to the front of the bus and sat down near the driver, but the woman and her brother, who are African-American, followed him to the front of the bus. They accused him of being a racist, he said. "She got right in my face," Henson said. "She kept telling me that her mother had to put up with being called names, but that she wasn't going to." Henson said he told the woman about his medical condition in explanation of why she had so offended him. "I told her I had AIDS, and I was proud of people who raised money for it," Henson said. In response, the woman's brother made vulgar references to him about how he must have contracted HIV, Henson said. The tirade by the woman and her brother continued for about 10 minutes, causing the bus driver to call police to meet the bus at the West End Transit Station, Henson said. When they got off the bus, DART police issued both Henson and the woman tickets for assault, he said. Morgan Lyons, a spokesman for DART, said officers would cite passengers for assault if they allegedly threatened another passenger with bodily harm even if no one is struck. "It's a Class C misdemeanor if they intentionally and knowingly threaten another person," Lyons said. Lyons said anyone who feels uncomfortable on a bus because of what someone is saying should go to the front of the bus and ask the operator for assistance. "Certainly, customers should feel safe, and if they feel that there is something inappropriate going on to go to the front of the bus and ask the operator to call the DART police," he said. Henson said after he received the ticket he was frightened of what would happen to him if he had to wait for another bus at the transit station so a Dallas police officer who had joined DART officers at the scene gave him a ride home. When the woman was scheduled to appear in court on June 28 before Justice of the Peace Luis Sepulveda, Henson said he received a notice to appear in court as a witness. Prior to the start of the hearing, a prosecutor asked him if he wanted to pursue charges against the woman, and Henson said he told the prosecutor that it would be all right with him if the charges against her were dismissed. "I didn't have any reason to cause her any trouble," Henson said. A court spokeswoman confirmed that the ticket against Sharon Brown for assault was dismissed on the day of her trial. But Henson was not so lucky. The prosecutor suggested he go ahead and appear before the judge to settle his ticket, and the woman, testifying for the state, told the judge that Henson had physically assaulted her, including placing his hands on her "privates," he said. "I asked the judge if he really thought I wanted to put my hands on her," Henson said. Brown, whom Henson described as about 60, did not return a message left with her brother at her home. Sepulveda said in a telephone interview this week that he found Henson guilty because the defendant admitted to him that he had instigated the confrontation by his response to the woman's remarks. The judge said he lectured the woman about her intolerant remarks when he found Henson guilty, but he did not realize she was not being held responsible for her role in the altercation. "Any racism whatsoever, I'm not going to tolerate it," Sepulveda said. "That's why society is messed up now, because people are judging people. That's terribly wrong, and I'm not going to accept it." Sepulveda said he decided, after learning the prosecutor had arranged to dismiss the charge against the woman and reviewing the case to reverse his original decision and dismiss the charge against Henson. "No one whatsoever should talk bad about anyone," Sepulveda said. Sepulveda said he welcomes defendants who have received citations to visit with him before trial if they believe there are extenuating circumstances that need to be considered. "I want to make sure everything is taken care of properly in our court," Sepulveda said. Henson said he was surprised by the judge's reversal and grateful for his fairness. "That's great," Henson said. "I can't believe it." Henson said he would conduct himself differently on the bus in the future when he overhears inflammatory remarks. "I've learned a lesson," Henson said. E-mail webb@dallasvoice.com This article appeared in the Dallas Voice print edition July 13, 2007 © Copyright by DallasVoice.com |
