A U.S. Air Force sergeant – accused of having unprotected sex with multiple partners at swinger parties, without telling them he is HIV-positive – faced three of his victims in a court martial hearing today.
Tech Sergeant David Gutierrez, 43, is accused of violating military law by breaking a squadron commander’s order to notify partners about his HIV status before having sex and to use condoms.
If convicted, he could be sentenced to 53 years in prison.
Three women took the stand today and testified that Gutierrez either denied he was HIV positive or never mentioned it.
The first woman to testify said that she and her husband had sex with both Gutierrez and his wife Gina after meeting them at a swingers party.
The woman said: ‘My husband and I asked point blank, because we were clean. And David and his wife said no. They made a point to tell us they were both clean.’
Another woman, when asked whether she would have still have had sex with Gutierrez knowing his HIV status, said: ‘No, because I watched a brother die from Aids.’
All three women, whose names have not been released, have not tested positive for HIV.
The sergeant has been under arrest at McConnell Air Force Base in Wichita, Kansas, since August 9, 2010.
In addition to disobeying a direct order from a superior, he faces 10 charges of aggravated assault, one for each sexual partner.
He also faces charges of adultery and having sex in front of others.
But in opening statements today, Gutierrez’s lawyer claimed his client’s actions did not amount to aggravated assault. Gutierrez has entered a not guilty plea on all charges.
The court heard that in July of last year Gutierrez’s wife told Air Force officials that her husband had bragged ‘about his numerous sexual exploits in the Wichita area and commented he never informed the other parties of being HIV positive’.
Last night Mrs Gutierrez posted on her Facebook page that ‘in seven hours my life will change forever’.
She is expected to testify during the court martial.
Court papers reveal that Gutierrez is a 20-year Air Force veteran who contracted HIV while stationed in Italy in 2007.
He was reassigned to Wichita in December 2008, where he is stationed with the 22nd Maintenance Operations Squadron.
‘Gutierrez was active on multiple adult web sites used to facilitate meetings between like-minded, swinging couples and singles’
In October 2009, his commander sent an order that the sergeant must verbally inform sexual partners that he was HIV positive and must use protection to prevent the spread of the disease.
After receiving information that Gutierrez was not obeying his commander’s order, the Air Force Office of Special Investigations launched an undercover operation.
Investigators found that Gutierrez ‘was active on multiple adult web sites used to facilitate meetings between like-minded, swinging couples and singles’, the court heard.
At a previous military hearing in September, a woman testified that on numerous occasions Gutierrez videotaped them having sex.
Investigators previously recovered a cell phone, camera equipment and three laptop computers from his home.
One of the women testified that she had asked Gutierrez about whether he was HIV positive and he denied that he was positive.
The victim said she believed him, saying: ‘He’s Air Force. They have integrity. I trusted him.’
Gutierrez graduated from a high school in New Mexico before joining the Air Force.
On his Facebook wall, he describes his philosophy as ‘Do unto others as they would do unto you’.
The court martial continues.
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