Brian Stewart (phlebotomist)
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Brian T. Stewart (born October 30, 1966) is a former
phlebotomist Phlebotomy is the process of making a puncture in a vein, usually in the arm, with a cannula for the purpose of drawing blood. The procedure itself is known as a venipuncture, which is also used for intravenous therapy. A person who performs a ...
from
Columbia, Illinois Columbia is a city mainly in Monroe County with a small portion in St. Clair County in the U.S. state of Illinois, about south of St. Louis, Missouri. The population was 10,999 at the 2020 census. History Columbia was first incorporated i ...
, who was convicted in December 1998 of injecting his son (born Bryan Stewart Jr., now known as Brryan Jackson) with
HIV The human immunodeficiency viruses (HIV) are two species of '' Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the im ...
-contaminated blood.


Child abuse incident

On February 6, 1992 in St Joseph's Hospital West, in Lake St. Louis, Missouri, Stewart's 11-month-old son Brian was being treated for
asthma Asthma is a common long-term inflammatory disease of the airways of the lungs. It is characterized by variable and recurring symptoms, reversible airflow obstruction, and easily triggered bronchospasms. Symptoms include episodes of wh ...
and
pneumonia Pneumonia is an Inflammation, inflammatory condition of the lung primarily affecting the small air sacs known as Pulmonary alveolus, alveoli. Symptoms typically include some combination of Cough#Classification, productive or dry cough, ches ...
when he was infected with the virus. Stewart's wife contacted Stewart to inform him that their son was in the hospital. When he arrived, he sent her to the café to get a beverage. Stewart then allegedly injected tainted blood into his son. When she returned, Brian was screaming in Stewart's arms. The tainted blood was incompatible with Brian's. The boy was diagnosed with
AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...
in 1996. On April 22, 1998, Stewart was charged with first-degree
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
; the county prosecutor stated that this was because first-degree assault results in a longer sentence than
attempted murder Attempted murder is a crime of attempt in various jurisdictions. Canada Section 239 of the ''Criminal Code'' makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is four, five or seve ...
. Prosecutors stated that Stewart was a phlebotomist who had daily access to blood, and Stewart's co-workers testified that Stewart had previously made threats to harm people using contaminated blood when he was angry. The motive behind the crime was Stewart's desire to avoid paying
child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is ...
to the boy's mother. A
Missouri Missouri (''see #Etymology and pronunciation, pronunciation'') is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it border ...
jury found Stewart
guilt Guilt most commonly refers to: *Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard *Culpability, a legal term *Guilt (law), a legal term Music * ''Guilt'' (album), a 2009 album by Mims * "Guilt" ( ...
y of first-degree
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
on December 6, 1998. Stewart's attorney, Joe Murphy, said that "My client has maintained all along that he is innocent" and also claimed that "Mom made an allegation and everyone ran with it." On January 9, 1999, Stewart was sentenced to life imprisonment at St. Charles County Circuit Court. Judge Ellsworth Cundiff said that the maximum sentence was inadequate, and told Stewart "injecting a child with the HIV virus really puts you in the same category as the worst
war criminal A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
" and "when God finally calls you, you are going to burn in hell from here to eternity." Stewart became eligible for parole in 2011, but was twice denied.


References

*AIDS Policy Law. 1998 Dec 25;13(22):11


External links


Article claiming that the verdict was questionable
* ttps://caselaw.findlaw.com/mo-court-of-appeals/1172583.html Missouri Court Rulingon denial of appeal, 2001 {{DEFAULTSORT:Stewart, Brian 1966 births Living people Criminal transmission of HIV People from Columbia, Illinois American people convicted of assault American prisoners sentenced to life imprisonment