HIV Positive Air Force Sergeant Charged

David Gutierrez

An HIV-positive Air Force sergeant had sex with at least 11 individuals without informing them of his medical condition or using condoms, according to charges filed late yesterday against the noncommissioned officer.

Sergeant David Gutierrez, 43, met a “multitude” of sex partners at “swinger” parties and through adult web sites. Gutierrez, stationed at McConnell Air Force Base in Wichita, is a 20-year Air Force veteran who has been in military custody since early last month.

Gutierrez was charged yesterday with a variety of counts, including aggravated assault, indecent acts, obstructing justice, and adultery. He was also accused in a charge sheet, of violating a specific October 2009 order directing him to advise sexual partners of his HIV status. Gutierrez’s wife told investigators that he became infected with HIV while stationed in Italy in 2007, and that upon returning to the U.S. in 2008, he “began having unprotected sex with numerous partners.”

Air Force officials have redacted the names of the 10 women and one man from the Wichita area with whom Gutierrez is alleged to have had sex without disclosing his HIV status. Investigators are continuing to probe Gutierrez and have asked anyone who may have had sexual contact with him to contact Sedgwick County Health Department officials.

When TSG disclosed the investigation into Gutierrez on August 26, a search warrant application listed the names of only two women identified as victims. It appears that the additional victims surfaced in the wake of press coverage of the Air Force probe.

An Article 32 hearing, which Air Force officials liken to a civilian grand jury, is scheduled for October 5 at McConnell Air Force Base. If a determination that sufficient evidence exists against Gutierrez, his case will be referred to a court martial proceeding