The Denver district attorney’s office has filed criminal charges against an HIV-positive man accused of spitting on a probation worker who was putting on his ankle monitor.

William O’Kelly, 48, was charged with attempted second- degree assault with a deadly weapon and harassment June 2.

Prosecutors are reviewing the case to determine whether the charges as filed are appropriate, said Lynn Kimbrough, spokeswoman for the district attorney.

O’Kelly is due in court for a preliminary hearing June 24.

The Colorado Independent first reported the case and indicated that O’Kelly intends to fight the charges.

According to the Independent, O’Kelly’s partner witnessed the incident and claims it was the contract worker for the probation department who was the aggressor.

Felisa Cardona, The Denver Post