LIMA — The jury trial of a Lima man who allegedly had sex with his longtime male partner while knowingly carrying the virus that causes AIDS ended before it began Monday morning.

With potential jurors lined up in the halls of the Allen County Justice Center, prosecutors made a last-minute request to change the date that Jacquavious Cooper allegedly had sex with another man while testing positive for HIV. virus that causes acquired immunodeficiency syndrome was dismissed by Allen County Common Pleas Court Terry Kohlriser.

The case was immediately dismissed and Cooper, 33, who had been in custody for months after failing to sign a bond months after the charges were filed, walked free, at least for now.

Prosecutors must now decide whether the case will be forwarded to a future grand jury.

Cooper was indicted in March 2021 on one count of second-degree assault. The indictment alleged that on December 1, 2020, Cooper did knowingly engage in sexual conduct with the alleged victim in the case while carrying the virus that causes AIDS.

During a hearing Monday morning before potential jurors, Kohlriser said, prosecutors asked to change the date of the alleged sexual contact to May 2018.

The judge denied that motion.

According to court records, the alleged victim told police she had heard from several people that Cooper was HIV positive and had been for several years. Cooper reportedly denied the report.

The man told police he and Cooper had been sexually active for about six years. After the sexual encounter in December 2020, the alleged victim reportedly found a prescription for Truvada, a drug prescribed to people with HIV, and warned Cooper that she had AIDS. At the time, court records show, Cooper admitted to having HIV.