A Macomb County Circuit Court judge is to decide whether to dismiss a bioterrorism charge against an HIV-positive man accused of biting his neighbor during an October brawl. Daniel Allen, 44, of Clinton Township faces up to 15 years in prison on bioterrorism charges after investigators said he and his neighbor, Winfred Fernandis Jr., fought after Allen threw a football down the street that belonged to neighborhood children playing near his home. Fernandis said in a police report that Allen bit his lip as they tussled.Allen was charged by the Macomb County Prosecutor's Office with unlawful possession or use of a harmful device under a 2004 Michigan antiterrorism law passed in the wake of the Sept. 11, 2001, terrorist attacks.