WAUSAU, Wis. (WSAU) - A 15-year-old girl testified Wednesday that a Rothschild man who is HIV positive told her he did not have a sexually transmitted disease before he had unprotected sex with her twice in January.
The testimony convinced Marathon County Judge Jill Falstad to bind Jimmy Garcia over for trial on two counts of sexually assaulting a child. She rejected a defense motion to dismiss the charges. A pre-trial conference is set for May 16th.
Falstad also approved an order that requires Garcia to provide a blood sample to be tested for HIV even though the result cannot be used at trial.
The teenage girl testified that she met Garcia through another woman in the apartment complex on Yawkey Avenue. She visited Garcia's apartment twice before the two had sex on back-to-back nights in late January. The girl was babysitting for another child in the apartment at the time.
"I asked him [if he had a sexually transmitted disease] and he said no he didn't," the girl testified. "Then he asked me...like he was really worried about getting something."
Prosecutors are investigating another case in which Garcia may have had unprotected sex four times with a young woman without telling her about his disease.
