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Tuesday
Jan182011

HIV Positive Airman Faces Court-Martial

Photo Courtesy - ABC News Radio (WICHITA, Kan.) -- Three women took the stand Tuesday in the court-martial case of Air Force Tech Sgt. David Gutierrez and testified that he either denied he was HIV positive or never mentioned it.

And in opening statements, Gutierrez's lawyer claimed that the latest scientific research shows that having unprotected sex with multiple partners without telling them that he's HIV positive does not amount to aggravated assault.

Gutierrez, stationed at McConnell Air Force Base in Wichita, Kan., has been under arrest at the base since Aug. 9, 2010. He is charged with disobeying a commander's orders by sleeping with numerous women without disclosing his positive HIV status.

He also faces 10 charges of aggravated assault, one for each sexual partner, according to a charge sheet. He also faces charges of adultery and having sex in front of others.

Gutierrez entered a not guilty plea on all charges.

In July of last year, Gutierrez's wife, Gina Gutierrez, 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," according to a court affidavit obtained by The Smoking Gun.

Three women took the stand Tuesday claiming to have had sex with David Gutierrez after meeting him at "swinger parties."

All three women who testified have not tested positive for HIV.

David Gutierrez is a 20-year Air Force veteran who contracted HIV while stationed in Italy in 2007, according to the affidavit obtained by The Smoking Gun.

He was reassigned to Wichita in December 2008 where he is stationed with the 22nd Maintenance Operations Squadron. 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.

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