Gay DJ put on house arrest for second HIV violation

Raleigh man admits to failing to use condom

by Matt Comer  Editor
Published: October 23, 2008 in News

NOTE: See the updated story as published in Q-Notes‘ Nov. 1 print edition: House arrest for gay DJ’s second HIV violation.

Gay DJ Joshua Waldon Weaver, 23, has been sentenced to six months of electronically-monitored house arrest after violating probation orders stemming from an August conviction for violating state HIV transmission regulations.

RALEIGH — A gay disc jockey in Raleigh originally convicted of violating HIV infection regulations in August has been placed on house arrest after admitting he broke probation orders in early October.

On Sept. 6, Q-Notes reported that Joshua Waldon Weaver, 23, who works in clubs in Raleigh and Wilmington, pleaded guilty to charges that he failed to disclose his HIV-positive status and engaged in unprotected sex with three people. Weaver was given a suspended jail sentence and placed on probation. The terms of his probation ordered Weaver to use protection when engaging in sexual activity.

About two weeks ago Weaver was arrested after Wake County Public Health officials contacted his probation officer with information that he had possibly violated court orders by having sex without a condom. Assistant District attorney Boz Zellinger told The News & Observer that health officials became aware of the DJ’s violation after he contracted another sexually transmitted disease that could have been prevented by the use of a condom.

Weaver could have faced 40 days in jail for his most recent violation, but District Court Judge Jacqueline Brewer instead sentenced him to six months of electronically-monitored house arrest. He will not be allowed to leave his father’s house except for probation-approved employment. Brewer also ordered Weaver to undergo a psychological evaluation.

If Weaver breaks his probation again, he will face up to 25 days in jail and prosecutors will ask for a two-year quarantine in a state prison hospital.

“His behavior hasn’t changed,” Zellinger told the Raleigh newspaper after the hearing. “We’re trying to address the callousness his actions have demonstrated.”

Zellinger added, “It’s not a witch hunt. It’s a desire to change his behavior to benefit the community.”

Weaver’s attorney, Evonne Hopkins, who declined to speak with Q-Notes for our original Sept. 6 story, told The News & Observer she’s “confident we will not be back here.”

“Josh is very sorry we’re back in court,” she said.

North Carolina Administrative Code 10-41 and North Carolina General Statute 130A-144(f) address control measures regarding the spread of HIV and require those with communicable diseases — including other sexually transmitted diseases, hepatitis and tuberculosis — to comply with measures intended to curb their proliferation.

Weaver is only the second Wake County resident in 15 years to be sentenced for failing to follow laws governing the transmission of communicable diseases, according to The News & Observer. In 2007, only 16 people statewide were convicted of violating the communicable disease law. Rather than HIV, many of the instances were related to diseases such as tuberculosis or hepatitis.

NOTE: See the updated story as published in Q-Notes‘ Nov. 1 print edition: House arrest for gay DJ’s second HIV violation.