"Hey young Airmen, how about you and O'l Sarge hit the showers, eh? Maybe the Captain will stop on by and join us."
Posted on 09/02/2010 7:03:47 AM PDT by markomalley
The military has arrested Air Force Sgt. David Gutierrez, a 20-year military veteran accused of having unprotected sex with partners he met at "swinger" parties in central Kansas, even though he knew he was HIV positive.
The Air Force Office of Special Investigations said Tuesday the 43-year-old airman has not been charged but was ordered into pretrial confinement at a military jail on McConnell Air Force Base in Wichita by his commander while the investigation continues.
Gutierrez was arrested Aug. 9 and was expected to be charged in mid-September, said Air Force OSI spokeswoman Linda Card.
Under military law, having intercourse without first informing a sexual partner of HIV-positive status constitutes as aggravated sexual assault, according to the Air Force affidavit, which was filed in federal court. It was not immediately known what punishment Gutierrez could face if charged and convicted.
Investigators contend he attended at least 21 Wichita-area sex parties called "swinger" events from January 2009 until this past July, according to the affidavit.
A federal search warrant of the man's Wichita home shows investigators seized pornographic movies, various sexual paraphernalia, digital cameras, an address book, film, digital storage devices, news articles on HIV, among other items. The affidavit does not specify how the military confirmed the wife's claim that the airman was HIV positive, but a property receipt filed with the search warrant noted investigators had seized a blood chemistry report.
(Excerpt) Read more at cbsnews.com ...
Can this be classified as assault?
Sorry. Posted before reading whole article *blush*
hmmm. dont ask dont tell
Anyone who is HIV positive and has unprotected sex with someone before notifying them of their “infection” should be charged with attempted murder.
>>>>Under military law, having intercourse without first informing a sexual partner of HIV-positive status constitutes as aggravated sexual assault, according to the Air Force affidavit<<<<<<
If this isn’t the law in every state ——it should be.
DADT?
(”swinger” parties in central Kansas,)
In the land of Dorthy?
Who’d a thunk it?
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No! This can't be true.
I was under the impression that coming up HIV positive was an automatic discarge.
After the assault charges etc. get dealt with.
Well, maybe so, but the other participants can hardly be termed “innocents” in this. Behavior like this is beyond risky. They are at least 50% as much at fault.
A 43 year old Sgt.? Surely he is not a 43 year old E-3...If he is he’s a real loser. WTH is someone that is HIV positive doing in the military anyway? An HIV Pos individual is a threat to anyone that works with him; it doesn’t matter what branch of the service one is in, it is possible at any time that that individual will be asked to engage in combat and spill blood and an HIV Pos individual is a threat to his comrades. Where is the USAF Public Health officer in this situation? The 907’s and the HSC Officer should have been on this guy from the get go. If they were not, then the USAF has changed radically since I was a member.
He looks like the uncle from “Napoleon Dynamite”.
This is the reason the gays fought against, and won, mandatory HIV screening.
If you don’t know or it hasn’t been proven you have HIV you aren’t held responsible.
This guy knew he was infected.
In the USAF, “sergeant” starts at E5. Tech Sgt, Master Sgt, Sr Master Sgt, etc...
Starting at E1, it’s Airman Basic, Airman, A1C, Sr Airman.
I would agree, in the same way that I would agree that Matthew Shepherd wasn't "innocent" in his murder. The guys who killed him were guilty of murder, but it is highly unlikely the event would have happened if he hadn't be in the bar trolling for sex.
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