Diane had driven Philippe to the doctor because he hadn't been feeling well, she says. After he left the doctor's office, he told her all the tests he took—including one for HIV/AIDS—were negative. Once the report was filed against Philippe, his medical records confirmed that he knew he was HIV positive at that 2005 appointment, at the same time as he was having unprotected sex with unsuspecting women. That key piece of evidence led to his arrest.
Police charged Philippe with six counts of aggravated assault with a deadly weapon. The weapon was his bodily fluid. Ten women, all HIV positive, were willing to testify against Philippe in open court. For the first time in Texas history, prosecutors hired a DNA expert to conduct genetic testing to determine the source of the common strain of HIV. It became clear that one sample was the source of most if not all of the women's diseases. On May 29, 2009, Philippe was sentenced to 45 years in prison. He will be eligible for parole in 22 years, when he is 76 years old.