Man convicted of transmitting HIV virus to teen

Friday, April 24, 1998 | 11:17 a.m.

Jurors also found Brian Eugene Lepley, 33, guilty of nine other crimes, including supplying the boy with marijuana. He was acquitted on five counts. The jury deliberated about 2 1/2 hours before reaching its verdict Thursday night.

Lepley - a former middle and high school substitute in Pahrump, about 60 miles west of Las Vegas - could face up to life in prison when he is sentenced May 6, said Nye County District Attorney Bob Beckett on Friday.

"All we had to prove is that he engaged in sexual contact that was likely to transmit the virus. You don't have to transmit the virus," Beckett said. "He (the boy) didn't test positive. The defense argued that, but the judge ruled that was irrelevant."

The defense, which planned to appeal the verdict, contended Lepley has always practiced safe sex, said Liz Glennen, a paralegal for defense attorney Bob Glennen.

Lepley was convicted of having unprotected oral sex with a 16-year-old boy without telling him about his medical status. Beckett said Lepley befriended the 16-year-old boy and his friends by bringing beer and marijuana to their parties.

Lepley was acquitted of having unprotected sex with a 17-year-old boy, now 18, whom Lepley befriended in a community college class. The two engaged in consensual, unprotected oral and anal sex on several occasions, prosecutors said.

"He manipulated them and he compromised them," Beckett said. "The boys testified that if they had known about his status, they never would have even got near him."

The older boy also said Lepley never informed him he was HIV positive. The younger boy has tested negative for HIV several times. But the condition hasn't been ruled out for the older boy, Beckett said.

Lepley's best friend went to authorities after unsuccessfully trying to persuade Lepley to disclose his medical status, Beckett said.

According to the prosecutor, Lepley told his friend: "I'm too smart to get caught."