1) I told you with the HIV thing... stranger things have happened. Anyone can find runaway judges/DAs if they look hard enough. Not every decision is going to be in complete harmony with laws or the Constitution.
Did you notice the dissent in the HIV Spit case??
"The fact that the indictment calls something a deadly weapon does not make it so," wrote Justice Paul Pfeiffer in his dissent. He called Bird's spitting no more dangerous than an assault "with a powder puff, a water balloon, or a jelly doughnut."
Again just to reiterate, the spit doesn't appear to be the deadly weapon there. It's the virus. I think it's a ludicrous decision anyway, but ask yourself if the spit from a HIV free person would be considered a deadly weapon? I think it less likely. It seems like they got the conviction on a technicality... that the spit contained a deadly virus.
2) In the article you've posted on the water case, there has been no conviction on that charge.
http://www.***BANNED-URL***/sharedc...ws/stories/062706dnmetsmuhazing.c3ddc3a6.html
This is the latest article.
Raymond Lee received 10 years' probation, a $10,000 fine and 180 days in jail. The 28-year-old DeSoto fitness trainer was convicted Friday of aggravated assault in connection with the November 2003 off-campus ritual of the Alpha Phi Alpha fraternity.
Thus there is no precedent for holding water as a "deadly weapon" from that case.