Man with hepatitis sentenced for spitting at officer

A Macon man was sentenced to serve five years on probation and between 180 and 300 days in a detention center after pleading guilty to spitting in a police officer’s face, knowing he had hepatitis C, according to the Bibb County District Attorney’s Office.

Hoyt Arville Smith, 44, of Riverside Drive, entered his plea to assault by a hepatitis infected person in Bibb County Superior Court on Monday, said John Regan, an assistant district attorney . A Macon police officer was dispatched to a domestic disturbance on Aug. 1, 2008. Smith spat in the officer’s face and later told medical personnel he had an active hepatitis C infection, Regan said.

The officer has tested negative for the infection, Regan said.

In accordance with his plea agreement, charges pending against Smith for child cruelty were dropped. Since Smith didn’t have a previous felony record, he was sentenced as a first offender. If he violates his probation, he could be resentenced to up to 20 years in prison, Regan said. Smith also must pay a $250 fine and attorneys fees.