A San Jose man was sentenced to 30 months in prison for biting one U.S. Secret Service agent and kicking another in the forehead. He was sentenced Tuesday after in April he pleaded guilty to two counts of federal assault said Luke Macaulay, a spokesman for federal prosecutors.
According to court documents, Jay David Hemm, 43, tried using a fake check in August at Nordstrom Rack in San Jose while two secret service agents were in the store picking up a surveillance tape for another case.
Hemm tried to flee when the agents were asked to examine the check after it wouldn't process and concluded it was probably fraudulent. The agents struggled with Hemm outside the store, where he bit one agent on the forearm and kicked the other in the head, court documents said. Hemm fell and got a bloody head wound.
Concerned about possible HIV transmission, the agents let Hemm go, Macaulay said. He was arrested later by San Jose police at a nearby apartment complex and appeared to be under the influence of drugs, according to court documents.
Hemm was also convicted of a state forgery charge, Macaulay said.
After serving time, Hemm will be placed on three years supervised release that requires drug testing, counseling, and home searches.
















