An HIV-positive Clinton, Mich., man intended to use the virus as a weapon when he allegedly bit through his neighbor's lip, a judge said.

Daniel Allen, 44, Monday was ordered to stand trial on charges of assault with intent to maim and commit great bodily harm, The Detroit News reported Tuesday.

Allen "knew he was HIV-positive, and he bit the guy. That on its own shows intent," District Judge Linda Davis said after testimony Monday from Winfred Fernandis Jr.

Fernandis, 28, told the court he confronted Allen Oct. 18 after Allen cursed at children who threw a football into Allen's yard.

"He came toward me and attacked me," alleged Fernandis, who said he punched Allen after being bitten. "His face was right next to mine, and I heard him growl."

Allen's lawyer, James Galen Jr., however, said Fernandis and several accomplices attacked Allen because he is gay.

"I am still maintaining my client is the victim of a hate crime," Galen said Monday. "He will be exonerated. This is the very first battle in what I think is going to be a long war."