Miguel Hernandez-Cuesta, 24, told officers that he had COVID-19 after they began searching for guns or dangerous objects early on Sunday and “coughing profusely,” Tigard Police said in a statement on Monday.
“An officer ordered him to avoid spitting on them, but he turned his face toward the officers and kept coughing and spat on one of their faces while standing less than a foot away.”
In reaction to a McDonald’s advertisement in Tigard, about nine miles south-west of Portland, Hernández-Cuesta arrested at 2:22 a.m. After staff confirmed that in their drive-thru a guy who appeared like he was intoxicated had crashed.
He charged with driving under the influence of intoxicants and driving while suspected and given the coughing interaction felony aggravated harassment.
At the jail, it confirmed that Hernandez-Cuesta does have COVID-19.
“Based on his actions, we believe that he acted knowingly in trying to expose the officer to COVID-19,” the statement read. “Officers who are victims during the course and scope of their duties have the same rights as any other community members.”
The officer he had coughed on had not yet named himself. However, the statement noted that the cop was wearing a surgical mask and gloves during the incident and is currently under quarantine “to monitor any potential symptoms of the virus.” Records show that Hernandez-Cuesta released from custody on Sunday. He ‘s earned a 2019 DUI record.