GUILTY: Air Force Tech. Sgt. David Gutierrez Gets 8 Years For HIV+ Sex Swinging

Tech. Sgt. David Gutierrez, a 10-year veteran of the Air Force who this week faced a court marshal after allegedly having unprotected sex with multiple partners at swinging parties he attended with his wife, and lying about being HIV-positive, was sentenced to eight years in a military prison — and a dishonorable discharged. Gutierrez — who was found guilty of seven counts of aggravated assault, violating his commander’s orders (to notify his partners that he is HIV-positive), and for to notify partners about his HIV status and use condoms. The judge also convicted Gutierrez of indecent acts for having sex in front of others and eight counts of adultery. He pleaded with the sentencing judge at McConnell Air Force Base not to discharge him, because it would mean he would lose his benefits, and even offered to serve more time in jail if he could keep his benefits: “The possibility of a future without assistance does scare me, scares me to the core. The cost of medicine is very expensive and I don’t know if I can afford it.” Even prosecutors asked the judge to let him keep his benefits; the judge was not sympathetic.

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