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Criminal exposure charge dropped against woman who bit officer, claimed to have HIV

Dayton Smith

Dayton Smith

MEMPHIS, Tenn.  — A Memphis woman is facing a long list of charges after police said she attacked an officer while trying to escape from police custody.

Police said 38-year-old Dayton Smith was arrested following a traffic stop for having expired tags, driving on a suspended license and no proof of insurance. Officers said they also found marijuana, crack and cocaine inside her car.

After she was arrested, police said Smith was banging on the police car’s windows, asking officers if she could use the bathroom. As officers prepared to escort her to the restroom, police said she tried to run away.

Officers went after her and said they had to take her to the ground to stop her. During a struggle, officers said Smith bit one of them on the arm, breaking the skin.

The police report stated Smith told medical professionals that she was HIV positive.

The officer was taken to the hospital, where he was treated and released.

Smith was tested for HIV after her arrest.

Records she provided to WREG showed Smith is no infected with the virus.

Prosecutors have dropped the criminal exposure to HIV charge, but said the other charges still stand.