Hiv-Positive Man Guilty Of Attempted Murder

PORTLAND - A 23-year-old Gresham, Ore., man who carries the virus that causes AIDS was found guilty of attempted murder yesterday for having unprotected sex with three women.

A Multnomah County, Ore., Circuit Court jury also convicted Timothy A. Hinkhouse of attempted assault, recklessly endangering and sexual abuse.

Hinkhouse was found guilty on 32 of the 35 criminal counts against him.

Testimony at the trial indicated Hinkhouse insisted on not using condoms, despite knowing he had tested positive the virus that causes acquired immune deficiency syndrome.

The jury found him guilty of sexually abusing a 3-year-old girl. But Hinkhouse was acquitted of more-serious charges involving the girl: rape, attempted assault and recklessly endangering.

Judge William Snouffer set sentencing for April 18.

David Peters, the Multnomah County deputy district attorney who prosecuted the case, said he hoped the conviction carried a message.

"The message I think is pretty clear that people who have a deadly disease aren't empowered to spread it to other people," Peters said.

"Obviously, the jury felt he did it, and he will be put in a position where he will not be able to do it again."

Defense attorney Michael McShane said such verdicts aren't likely to stem the growing AIDS epidemic.

"The jury found it very hard to get over his conduct," McShane said.

In closing arguments Monday, another defense attorney, William Gaar, said his client wasn't trying to kill anyone. Instead, Gaar characterized Hinkhouse as immature, lonely and reckless.

Peters said authorities were sure Hinkhouse was aware he had the human immunodeficiency virus (HIV) and knew of the danger it posed.

Hinkhouse was convicted in April 1992 of recklessly endangering two women by engaging in unprotected sex and of third-degree rape for having sexual relations with a 15-year-old girl.

After his conviction, Hinkhouse apologized and told the judge he had acted irresponsibly.

However, psychologist Eric Johnson told the jury Monday that Hinkhouse admitted he had apologized only at his lawyer's advice.

Earlier in the trial, two psychologists testified Hinkhouse had suffered brain damage and was incapable of understanding the seriousness of his medical condition.

None of Hinkhouse's alleged victims had tested positive for the AIDS virus, but their contact with Hinkhouse was too recent to rule out the future development of symptoms.