Boone acquitted of attempted murder
Cleared of sexual assault, guilty only of failure to comply with conditions
Even though Steven Boone plotted to infect a developmentally delayed man with HIV, there were too many inconsistencies in the evidence to convict him of attempted murder for it, a judge ruled Thursday morning.
Boone, a self-described “poz vampire” — an HIV-positive person who has a goal of spreading the virus — was convicted in two previous jury trials of trying to kill his unsuspecting sex partners by not disclosing, and often lying outright, about having the Human Immunodeficiency Virus, which is linked to AIDS.
The Crown is seeking a dangerous offender assessment prior to his sentencing.
Despite Boone’s criminal intentions, the man’s story “was confusing and changed each time he provided evidence about the events that occurred,” Ontario Justice Bonnie Warkentin told an Ottawa courtroom.
“Notwithstanding that I found that Mr. Boone intended to attempt to infect (the man) with HIV, I am not satisfied that the very high onus on the Crown to prove that there was attempted anal penetration beyond a reasonable doubt was met,” she said.
“Even by giving (the man) the same consideration as that of a child witness, it does not resolve the contradictions in his evidence on significant issues.”
The man, who was 21 during his brief relationship with Boone in April 2010, has the mental capacity of a 10- to 12-year-old.
Boone was cleared of attempted murder, attempted aggravated sexual assault and attempt to administer a noxious substance — his semen — in relation to the unproven attempted anal penetration.
He was also cleared of a sexual assault charge in relation to the issue of consent.
He was found guilty of failure to comply with conditions.
The man admitted during the trial that he was “wrong” to tell police that Boone pressured him into “dirty talk” online after he was confronted with conversation logs that proved he provoked the sexually explicit discussions.
He said the pair had three sexual encounters — and that at least once Boone tried to force unprotected sex while he was asleep.
The man testified that after Boone tried to rape him, he continued to pursue a relationship, willingly penetrated Boone and engaged in other consensual sexual activities. He said he was conflicted with feelings — even while he thought Boone was a “disgusting pig,” he also wanted to give Boone a teddy bear hugging a heart that bore the words, “I love you.”
Boone denied he ever had anal intercourse with the man.
Defence lawyer Ian Carter had emphasized that Boone does not have a history of forcing sex.
Crown prosecutor Meaghan Cunningham had argued that Boone viewed the young man searching for romance as an easy mark in his personal quest to spread HIV.
Boone told a friend that he planned to “breed” a 21-year-old in an online chat in April 2010 — at the same time he was chatting with the developmentally-delayed man, court heard. The term refers to passing HIV to another person.
The man has since been tested and is HIV-negative.
Boone testified during his threeday trial in November that it was simply fantasy talk when he referred to himself online as a “poz vampire” — an HIV-positive person who has a goal of spreading the virus.
Boone buried his face in his hands when Warkentin described his testimony as “almost entirely unbelievable.”
She pointed out that Boone was unable to explain why he engaged in explicit discussions on “bug chaser” websites, for those with a desire to be HIV-positive, for about two years before he was diagnosed.
“He tried to portray himself as vulnerable, shy and afraid of the effects of having been diagnosed with HIV as it related to a committed relationship,” she said.
Warkentin said that depiction was “completely at odds” with testimony heard during his first trial and was “diametrically opposed” to his online persona.
A jury in Ottawa found Boone guilty in October of attempted murder and aggravated sexual assault for not disclosing his HIV status to his sexual partners. He did not testify during that trial.
A jury in Kitchener also found Boone and Noel Bowland guilty in December of aggravated sexual assault for similar charges.