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Airman gets 8 years in prison in HIV exposure case
AP/Federal News Radio ^ | 1/19/11

Posted on 01/19/2011 4:56:53 PM PST by markomalley

An Air Force sergeant convicted of exposing multiple sex partners to HIV at swinger parties was sentenced Wednesday to eight years in military prison and will be dishonorably discharged after serving his time.

A court martial judge earlier found Tech. Sgt. David Gutierrez guilty on seven of eight counts of aggravated assault and violating his commander's order 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.

The judge, Lt. Col. William Muldoon, delivered the sentence after a brief hearing, during which Gutierrez had begged between sobs not to be discharged so he could keep the military medical benefits he will now lose. Gutierrez also will be reduced to the lowest enlistment rank while serving out his military confinement.

Before he was sentenced, Gutierrez told Muldoon that he was willing to spend more time in jail rather than lose the medical benefits he needs.

"The possibility of a future without assistance does scare me _ scares me to the core," he tearfully said. "The cost of medicine is very expensive and I don't know if I can afford it."

Gutierrez, 43, apologized to the court, the Air Force, his family and his sexual partners. He said he thanks God every day none of his partners contracted the disease and asked the judge to have mercy on him so he can live to see his two children graduate from college and get married.

(Excerpt) Read more at federalnewsradio.com ...


TOPICS: Crime/Corruption; Extended News; Government
KEYWORDS: tsgt

1 posted on 01/19/2011 4:56:54 PM PST by markomalley
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To: markomalley

“Before he was sentenced, Gutierrez told Muldoon that he was willing to spend more time in jail rather than lose the medical benefits he needs.”

So considerate. Don’t do us any favors, you piece of crap. Either way you and your deviant behavior become a long term burden on other people.


2 posted on 01/19/2011 5:02:58 PM PST by Attention Surplus Disorder ("Looks like I picked the wrong week to quit smoking" - Barack Hussein Obama)
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To: markomalley

Yeah, he’s SO sorry NOW.
But notice how selfish he was before he got caught.
And if he hadn’t been doing that garbage, he wouldn’t be in this mess now would he?


3 posted on 01/19/2011 5:09:10 PM PST by Darksheare (I shook hands with Sheryl Crow and all I got was Typhus and a single sheet of toilet paper.)
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To: Darksheare

Agree. But I certainly find it hard to feel sorry for his partners. Swinger parties? What is wrong with people?


4 posted on 01/19/2011 5:35:37 PM PST by Bigg Red (Palin in 2012)
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To: markomalley

I glade that he will be dishonorably discharged after serving his time, and not take up the VAs time and money. He knew better and just did not cair what happend to those people he exposed. Now tha the is getting a DD he is sorry. Well “TOO BAD SO SAD” now you can live with it.


5 posted on 01/19/2011 5:38:54 PM PST by 20yearvet (they yell for more tests as long as its your money)
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To: Bigg Red

They don’t think about it if they think at all.
Pregnancy and diseases aren’t something anyone in those circles ever thinks about.
They’re just as selfish and stupid as he is.
Downside is that they can catch diseases and spread them to people who AREN’T into ‘swingers parties’.
So decisions by this handful of people can effect untold numbers of others unrelated to the original activities.
And who is to say that one or two of those in that group don’t lead ‘secret lives’ away from spouses or fiances?
The punishment is too light.


6 posted on 01/19/2011 5:44:30 PM PST by Darksheare (I shook hands with Sheryl Crow and all I got was Typhus and a single sheet of toilet paper.)
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To: markomalley

With the repeal of DADT Judge Colonel Muldoon ain’t seen nothin’ yet!


7 posted on 01/19/2011 5:44:31 PM PST by John Leland 1789 (Grateful.)
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To: markomalley
.....eight counts of adultery.

To bad that no fault divorce was invented. Adultery was quite common when I was in the military. My friends grandfather told me in the 80's In WWI military personnel who got VD were court martial.

8 posted on 01/19/2011 6:32:24 PM PST by the_daug
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To: markomalley

From the article:

A Wichita woman who said she has lived a swinger lifestyle for six years returned to the stand during Gutierrez’s sentencing hearing to give a victim impact statement, saying she found out from news reports about the case that she had been exposed to HIV.

“Actually I started crying,” she said. “I was kind of mortified.”

Several people who participated in swinger and partner-swapping events with Gutierrez and his wife testified this week that they never would have had sex with him had he told them he was HIV-positive.


9 posted on 01/20/2011 4:38:16 AM PST by flowerplough (Thomas Sowell: Those who look only at Obama's deeds tend to become Obama's critics.)
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To: flowerplough

“Several people who participated in swinger and partner-swapping events with Gutierrez and his wife testified this week that they never would have had sex with him had he told them he was HIV-positive.”

That’s scary. Just “several people”? Wouldn’t ya think ALL of ‘em would make that statement?


10 posted on 01/20/2011 4:50:04 AM PST by MayflowerMadam
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