TOLEDO, OH (WTOL) - Prosecutors may have to file new charges against a man who is currently charged with murder, depending on Ohio's Supreme Court's ruling on the case.
Ronald Murdock was charged with murder after allegedly never telling Kimberly Klempner that he was HIV positive and passed the virus onto her.
Klempner contracted AIDS and died at the age of 51.
Since her death, Klempner's son, Josh, fought to have Murdock charged with murder.
Attorneys for Murdock argue the charge violates their client's First Amendment rights as well as the American Disabilities Act.
"Nothing that happens in this case will bring back his mom but that's our focus getting justice for for the victim in this case," said Lucas County Prosecuting Attorney, Clint Wasserman. "So if we have to be methodical about it, we will because we want to make sure were doing it right."
The ruling from the state's Supreme Court is expected to come back any day. If the Supreme Court decides that Murdock's case is unconstitutional, the prosecutors office will have to file new charges against Murdock.
The new charges may possibly be misdemeanors rather then felonies.