Joseph Daniel Smith, 31 of Rome, was jailed this week after reports said he was found cursing at people and shooting them “the bird” at the railroad tracks near the intersection of Maple and Park Roads.

Reports added that when officers arrived on scene he spat on them, it was later discovered that Smith is HIV positive, making the crime a felony.

Smith is charged with three counts assault by HIV infected person upon police officer, three counts obstruction, two counts disorderly conduct and criminal trespass.