Man with COVID-19 who spat at officer sentenced
A Wilsonville man who claimed he had COVID-19 and spat in the face of a Tigard police officer during a search for weapons has pleaded guilty to second-degree assault, aggravated harassment and driving under the influence of intoxicants.
On May 11, Washington County Judge Ramón Pagán sentenced Miquel Hernandez-Cuesta to six months in jail and three years of formal probation, according to a news release from the Washington County District Attorney's office. In the early morning of July 26, Tigard police responded to a report that Hernandez-Cuesta had fallen asleep behind the wheel of a running car in the drive-thru lane of the McDonald's restaurant at 11201 S.W. 72nd Ave.
Contacted by the manager, Hernandez-Cuesta denied he was intoxicated. He then pulled into a parking space and fell asleep a second time. When contacted by officers, he again was found asleep, partially hanging out of the driver's side window of his car with the engine still running.
Hernandez-Cuesta agreed to participate in field sobriety tests and officers placed him under arrest for driving under the influence of intoxicants, according to officials.
While doing a search for weapons, Hernandez-Cuesta began coughing in the presence of those officers and told them he had COVID-19, police said. When told to quit coughing, he ignored them, turning his head to directly cough on officers, a Tigard police spokesperson reported at the time.
He then reportedly spat in the face of one of the officers before being taken to the Washington County Jail. Although that officer was wearing protective equipment, she had to quarantine.
Later, staff at the jail confirmed that Hernandez-Cuesta had tested positive for COVID-19.
In addition to his jail sentence, Judge Pagán revoked Hernandez-Cuesta's driver's license for life.
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