By Alicia Cruz
The Black Urban Times
An Air Force Technical Sergeant (E6) will spend the next eight years in Federal Prison after he was convicted at his McConnell Air Force Base court-martial Wednesday in Witchita, Kansas
of intentionally exposing different women to the Human immunodeficiency virus (HIV) .
The presiding judge, Lt. Col William Muldoon, found Tech. Sgt. David Gutierrez guilty on seven of eight counts of aggravated assault, one count of disobeying a lawful order, eight counts of adultery and one count of indecent acts on multiple occasions for having intercourse with several women without disclosing his HIV-positive status. He was sentenced to prison, demotion to Airman Basic and will be dishonorably discharged at the end of his prison term.
Gutierrez, who was facing 53 years in Federal Prison, was ordered by his commanding officer to notify potential sexual partners about his HIV status and to use condoms. Military prosecutors asserted that Gutierrez lied to several women about his positive status and exposed them to HIV during sex parties for swingers.
One woman, who was not identified, testified that Gutierrez told her he "was clean," and that having a brother who died from AIDS, she would not have engaged in sexual intercourse with the Airman had she known he was HIV positive. Several witnesses at the trial testified that Gutierrez " repeatedly denied that he was infected, and he was encouraged by his wife to carry on with swinger events," The Associated Press reported.
Another victim who testified to having lived the swinger lifestyle for six years told the military court that she initially learned she'd been exposed to HIV through news reports about Gutierrez. The woman testified that she was "mortified" and "cried."
Several of the 43-year-old serviceman's victims, all whom participated in sex swinger and partner-swapping events with Gutierrez and his wife, testified at his courts marital last week and said had they been aware of his HIV positive status, they would not have engaged in intercourse with him.
Gutierrez, a married father of two, begged the court for leniency after apologizing to his family, his victims and the court. He wept as he pleaded with Judge Muldoon to allow him to retain his military medical benefits.
"The possibility of a future without assistance does scare me...scares me to the core," bawled Gutierrez. "The cost of medicine is very expensive and I don't know if I can afford it. I hope they understand I never intended to hurt them, and I sincerely ask for their forgiveness."
Gutierrez also said he was happy that none of the women he slept with actually contracted the HIV virus as a result of their sexual encounters with him.
Defense attorney Major James Dorman told Muldoon that his client, a 20-year veteran of the Air Force, was "looking at his own mortality" as he pleaded with him not to strip his client of the medical benefits he so badly needed in order to battle the HIV virus.
At one point, Gutierrez said he was even willing to spend more time in prison in exchange for not losing his medical benefits, but his plea fell on deaf ears as prosecutor Captain Sam Kidd argued that Gutierrez showed his victims no mercy and preyed on the community as he willfully exposed many women to the HIV virus that causes AIDS.
"The accused was not thinking about how his victims would pay for their medications," said Kidd as he addressed the judge. Kidd added that in sentencing Gutierrez, Judge Muldoon would send a message that the military values integrity first in its service members. Kidd said the victims thought they could trust Gutierrez because he was in the military. After sentencing the disgraced veteran to prison, Judge Muldoon announced that Gutierrez would also lose all pay and medical benefits.
Under the Uniform Code of Military Justice, HIV-related misconduct, in this case failing to notify a sex partner of HIV-positive status, constitutes as aggravated assault under Article 128, (2) violation of a "safe-sex" order under Article 90 (3) or Article 92, (4) and conduct that is prejudicial to good order and discipline and/or service discrediting under Article 134.
An attempt to reach Dave Fruck, the Public Affairs officer at McConnell Air Force Base, for comment was unsuccessful at press time.
of intentionally exposing different women to the Human immunodeficiency virus (HIV) .
The presiding judge, Lt. Col William Muldoon, found Tech. Sgt. David Gutierrez guilty on seven of eight counts of aggravated assault, one count of disobeying a lawful order, eight counts of adultery and one count of indecent acts on multiple occasions for having intercourse with several women without disclosing his HIV-positive status. He was sentenced to prison, demotion to Airman Basic and will be dishonorably discharged at the end of his prison term.
Gutierrez, who was facing 53 years in Federal Prison, was ordered by his commanding officer to notify potential sexual partners about his HIV status and to use condoms. Military prosecutors asserted that Gutierrez lied to several women about his positive status and exposed them to HIV during sex parties for swingers.
One woman, who was not identified, testified that Gutierrez told her he "was clean," and that having a brother who died from AIDS, she would not have engaged in sexual intercourse with the Airman had she known he was HIV positive. Several witnesses at the trial testified that Gutierrez " repeatedly denied that he was infected, and he was encouraged by his wife to carry on with swinger events," The Associated Press reported.
Another victim who testified to having lived the swinger lifestyle for six years told the military court that she initially learned she'd been exposed to HIV through news reports about Gutierrez. The woman testified that she was "mortified" and "cried."
Several of the 43-year-old serviceman's victims, all whom participated in sex swinger and partner-swapping events with Gutierrez and his wife, testified at his courts marital last week and said had they been aware of his HIV positive status, they would not have engaged in intercourse with him.
Gutierrez, a married father of two, begged the court for leniency after apologizing to his family, his victims and the court. He wept as he pleaded with Judge Muldoon to allow him to retain his military medical benefits.
"The possibility of a future without assistance does scare me...scares me to the core," bawled Gutierrez. "The cost of medicine is very expensive and I don't know if I can afford it. I hope they understand I never intended to hurt them, and I sincerely ask for their forgiveness."
Gutierrez also said he was happy that none of the women he slept with actually contracted the HIV virus as a result of their sexual encounters with him.
Defense attorney Major James Dorman told Muldoon that his client, a 20-year veteran of the Air Force, was "looking at his own mortality" as he pleaded with him not to strip his client of the medical benefits he so badly needed in order to battle the HIV virus.
At one point, Gutierrez said he was even willing to spend more time in prison in exchange for not losing his medical benefits, but his plea fell on deaf ears as prosecutor Captain Sam Kidd argued that Gutierrez showed his victims no mercy and preyed on the community as he willfully exposed many women to the HIV virus that causes AIDS.
"The accused was not thinking about how his victims would pay for their medications," said Kidd as he addressed the judge. Kidd added that in sentencing Gutierrez, Judge Muldoon would send a message that the military values integrity first in its service members. Kidd said the victims thought they could trust Gutierrez because he was in the military. After sentencing the disgraced veteran to prison, Judge Muldoon announced that Gutierrez would also lose all pay and medical benefits.
Under the Uniform Code of Military Justice, HIV-related misconduct, in this case failing to notify a sex partner of HIV-positive status, constitutes as aggravated assault under Article 128, (2) violation of a "safe-sex" order under Article 90 (3) or Article 92, (4) and conduct that is prejudicial to good order and discipline and/or service discrediting under Article 134.
An attempt to reach Dave Fruck, the Public Affairs officer at McConnell Air Force Base, for comment was unsuccessful at press time.
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