Air Force Sgt accused of spreading HIV while swinging

[two4youinswva]

I think this is the third story of this type in the last two or three years.

Here's several links:
Air Force Sergeant, Wife Accused Of Spreading HIV In Kansas’ Swinger Scene - Lez Get Real
Will The Air Force Punish Sgt. David Gutierrez For Hitting Swingers Parties Without Revealing He's HIV-Positive? / Queerty
Air Force: Sergeant exposed partners to HIV at Wichita-area parties - WDAF
Air Force: Sergeant exposed partners to HIV - KOAM TV 7 Joplin and Pittsburg News Weather Sports
AF: McConnell sgt. exposed men, women to HIV - Air Force News, news from Iraq - Air Force Times

Gutierrez, 43, "engaged in numerous, unprotected sexual acts…over the course of three years" that count as "aggravated assault against several men and women in and around the Wichita, Kansas area" because he's got The Hiv. His wife Gina says Gutierrez contracted the virus while stationed in Italy and told his sexual partners there; but upon being relocated to an American base, says an Air Force report, he stopped disclosing his status and thus violated the Uniform Code of Military Justice, relays the Smoking Gun.

[Chicup]

Should be attempted murder.

[Cajun2Step]

Originally Posted by Chicup

Should be attempted murder.

To that we would like to add a big AMEN.

[Coupleerotic22]

Originally Posted by Chicup

Should be attempted murder.

The military generally leaves those charges (rape, man-slaughter, murder, attempted murder) to state authorities if they involve non-military personnel. But they can also prosecute them even if the state does too.

But, if the military is prosecuting him under the UCMJ they can stack a list of charge for a number of things that civilian courts could/would never charge for (conduct undesirable, adultery, sexual misconduct etc), plus a few they would, like assault. Plus they can add on administrative actions.

End result, the military is capable, and likely to, punish him to a much greater degree than a civilian court. Plus, since they are separate sovereign bodies, he could serve two punishments for what in effect is the same crime.

I would imagine that he will get enough hard time to end up at Leavenworth for a very long time.

[celtic239]

I guess it is because of guys like this that there is the NO CONDOM - NO SEX rule.

[two4youinswva]

This story appears to be going big regionally (as it should). There are quite a few articles popping up daily on it.

Kansas: County May Track Partners in HIV Case - The Body
"A lot of this stuff is underground," said Jason Ybarra, the county's senior disease intervention specialist. "A lot of people don't openly say, 'Yeah, we're swingers. We hit these parties all the time.'"

[Chicup]

Law and order episode in 3....2....

[DigginIt]

Scary !!

I think that if it was my wife and I in this situation he might not make it to trial...wait...did I say that out loud.

[ncmd_couple]

Sergeant Swinger Charged In HIV Case | The Smoking Gun

[bbarnsworth]

It's this sort of story that scares the crap out of some people vis-a-vis the lifestyle. There was a guy here in Indiana who did the same thing.

[Maybe_Someday]

Originally Posted by Chicup

Law and order episode in 3....2....

I was thinking the same thing.

After reading this I couldn't help but think about the one thing that has really resonated with most of the posts I've read here on the forums. Honesty is probably the #1 requirement for the life style. Honesty with yourself, with your partner, and with those you interact with. If someone is not being honest with you, or not respecting small boundaries it begs the question, "what else are they not being honest about."

[bbarnsworth]

Originally Posted by Chicup

Law and order episode in 3....2....

It's been done already. Years ago. They went after a guy who was HIV+ and knew it, and was intentionally spreading it.

Originally Posted by Maybe_Someday

If someone is not being honest with you, or not respecting small boundaries it begs the question, "what else are they not being honest about."

Yep. That's why we have a zero tolerance policy regarding swing partners and lying.

[Coffeeblack]

This is really sad!! Unfortunately, honesty is not the best policy for alot of people these days. This is one of the reasons CONDOMS ARE REQUIRED!!! for us. Yes, I know that it's not a 100% guarantee of protection( more like 98%), but it's been proven, condoms are better then trusting a stranger with 100% and having 0% protection.

I really feel for those involved.

[Chicup]

Originally Posted by bbarnsworth

It's been done already. Years ago. They went after a guy who was HIV+ and knew it, and was intentionally spreading it.

Yea but now you got 'swingers' involved, they will happily redo it. If not Law and Order CSI whereever, I'd bet money on it. CSI Vegas would be 'perfect'.

[naughtyus74]

CSI Miami please. We might get an awesome Caruso-ism out of it! "He was having sex without protection, but when word of this gets out.. he will be... needing.... protection.." *puts on glasses* "Yeeeeeeeaaaaaaahhhhhhhhhhhhhh!!!!!!!!"