Prosecutors say a Grand Junction man lied to his girlfriend about having HIV and infected her and her son.
Now 33–year–old Shad Skov is behind bars charged with two counts of child abuse after investigators say the child nearly died.
Prosecutors tell 11 News this is a landmark case, the first of its kind in Mesa County but they are still researching case law in other parts of Colorado.
33–year–old Shad Skov's arms once held a little baby boy but they were in handcuffs Tuesday morning when he faced a judge on child abuse charges.
His attorney waived a reading of the charges but court documents obtained by 11 News reveal the allegations.
According to the arrest affidavit, Skov and his girlfriend Marcie Dinelli met in 2006. A year later she got pregnant and had a baby boy named Liam. When the baby got sick and wasn't gaining weight doctors were puzzled.
According to the documents at five months Liam got pneumonia and was admitted to St. Mary's Hospital, had complications and was airlifted to a Denver children's hospital and nearly died.
Deputy District Attorney Tammy Eret says doctors asked Skov if he was HIV positive and continued to lie about his disease.
"It was denied so the treatment took a different route that jeopardized the child's safety," Eret told 11 News on Tuesday.
She says doctors tested mom and baby and found they were both HIV positive. Dinelli's father called the sheriff's office.
"If you have HIV and you refuse to tell people and you pass the disease on and somebody suffers consequences from it you should be held accountable," said Eret.
Medical experts say if doctors would have known Dinelli had HIV during the pregnancy, the baby would have had a 99% chance to stay disease free.
Marcie Dinelli told prosecutors she does not want to press charges in her case. In court on Tuesday, she asked the judge to drop the restraining order so she could see her boyfriend.
"I don't feel like I'm in harms way of anything. I do have his child at home and he's been a part of his child's life," Dinelli told the judge during the hearing.
The judge ruled in her favor but Dinelli will have to see Shad Skov in jail until he posts bond.
So for now his hands are cuffed and a restraining order will keep him from holding his baby boy until the case is decided.
According to the arrest affidavit, Skov told investigatores he knew he was HIV positive for ten to 14 years.
Investigators say they contacted two of his former lovers and both women tested negative for HIV.
Prosecutors say it's possible other women may come forward in the investigation.
Skov's next court appearance is scheduled for January 29th.