News24

HIV positive swinger gets 8 years

2011-01-20 12:05

Wichita - An HIV positive US Air Force sergeant who engaged in spouse-swapping swingers parties was sentenced on Wednesday to eight years in military prison for failing to tell those partners about his condition.

Sergeant David Gutierrez, 43, also will be dishonourably discharged after serving his prison term, which strips him of benefits he'll need to pay for medication when released.

Gutierrez, found guilty of a slew of charges earlier on Wednesday, begged the presiding judge at the court-martial, Lieutenant Colonel William Muldoon, for mercy, saying he would rather spend additional time behind bars than lose his medical benefits.

Sobbing into a tissue, Gutierrez apologised to his family, his victims and the Air Force.

"I hope they understand I never intended to hurt them," Gutierrez said of his victims, addressing the court before being sentenced. "I thank God every day that no one has contracted HIV" because of contact with him.

"All one has to do is Google my name and my life is before them," he said. "That, I know, is my fault."

Russian Roulette

He was convicted of seven counts each of aggravated assault and adultery, and one count each of committing an indecent act and disobeying a superior officer's order. Gutierrez could have been sentenced to more than 50 years in prison.

Military prosecutors asked that he receive no less than 18 years and lose his medical benefits, which Gutierrez said would mean a death sentence for him.

Gutierrez "repeatedly played Russian Roulette with the lives of the people of this community", prosecutor Captain Sam Kidd said.

Prosecutors said Gutierrez may have been in contact with as many as 500 people seeking casual sexual partners through swingers parties posted on adult websites.

None of the eight women who testified against Gutierrez contracted the HIV virus during their encounters.

While charges have been brought against civilians accused of exposing people to the HIV virus, a public affairs officer at McConnell Air Force Base where the court martial took place said he was unaware of similar proceedings against military personnel.

Wife a willing participant

Military officials said Gutierrez tested positive for the HIV virus while stationed in Italy in 2007 and received treatment after returning to McConnell Air Force Base. He was counselled and ordered to tell any potential sex partners about his condition.

A Wichita woman who had sex with Gutierrez testified that she started crying when she learned, through news reports, that Gutierrez had HIV.

"I would have assumed that the military would have taken precautions for this not to happen," the woman said. "I really thought I knew who he was, as well as his wife."

Investigators started looking into Gutierrez's activities as the result of information provided by his wife, who numerous witnesses described as a willing participant in the swingers "lifestyle".

A North Carolina woman testified on Tuesday that she and her husband met Gutierrez and his wife through an "adult friend finder" website while they were in Kansas building a restaurant.

The couples agreed to a "meet and greet" at a bar on the outskirts of Wichita, she said, adding that the couple then invited Gutierrez and his wife to their hotel room for sex with each others' spouses.

'Nice people'


"It was a full swap," she said.

Gutierrez wore a condom during sex, she pointed out.

The evening ended "on nice terms", she said, adding that Gutierrez and his wife "were nice people" but that they never met again.

Another witness testified she accompanied Gutierrez to two swingers events on the same day in November 2009, one at a barbecue and another at a "toga party" held in a hotel room.

She saw Gutierrez have sex with a woman at both events, and also saw him appear to receive oral sex from a man, although she thought the two men were only joking around.

Comments
  • Alwyn - 2011-01-20 12:12

    Every sport has its injuries,how can a person in any case swop partners,This is the right penalty for this type of practice,HIV to all of them

      Homer - 2011-01-20 12:43

      Agreed!!

  • Nice Guy - 2011-01-20 12:47

    Does this mean that Jacob Zuma will be getting 8 years? Imagine trying to implement this in SA - half the country would go to jail

  • Currie_Mafia - 2011-01-20 12:57

    How can you be a MAN if you let your wife have sex with some one else or a wife behaving like a whore. The bastards of the Western world have made this kinda crap acceptable. Where is Osama when you need him ?!!

      lauritzvonh - 2011-01-20 13:04

      Yes we need to kill thousands of innocent people like Osama did because "some" westerners (and surely other cultures and countries have similar problems) swap out their partners. Next time a Jewish does something wrong an idiot like yourself will call for Hitler.

      Alwyn - 2011-01-20 13:05

      Mabe you should first look at the eastern porno web pages before commenting,its an international problem,Osama is propably busy screwing one of his promissed virgins somewhere in a cave

      Gwen - 2011-01-20 13:06

      If I am understanding you correctly - only the woman is in the wrong and it is fine for the man to do as he wants?

      Stollie - 2011-01-20 13:28

      @Gwen of course that's what this idiot believes. just look at who he's calling on for help... Osama bin Laden... his followers are such supporters and believers of the equality of women *sarcasm*. they are vile, dumb, evil, disgusting creatures, one can barely call them human.

      NUZ - 2011-01-20 13:33

      Osama,,LMAO...

      jowza - 2011-01-20 13:41

      You need your head read.Extremests like you ,Osama,Taliban and al_qaeda need to be brought to book. you have started your own perverse religion which is in no way linked to Islam.And yes i am Muslim.

  • Marius - 2011-01-20 13:05

    Ridiculous! Its one's own responsibility to take precaution against infection when you want to sleep around.

      stephan.terblanche - 2011-01-20 13:45

      Agreed!

  • Soothsayer - 2011-01-20 13:29

    "The woman said:I really thought I knew who he was, as well as his wife."You will never know a person, s/he is complicated creature.

  • Dan - 2011-01-20 13:41

    If you play with fire you will get "aids". Anyone into the swinging scene run the exact same risk. Today a person may be clean, but a week later HIV positive. Going for HIV tests basically only confirms that during the test you were clean. Don't know why the woman are up in arms, they asked for it.

  • Phineas - 2011-01-20 13:54

    Jesus Christ who died on the cross for all our inequities is the answer. He paid a hefty price and i hope the man in question and all those that are practicing this type of life get redeemed. May God bless the world.

  • Currie_Mafia - 2011-01-20 13:57

    People please calm down...you are obviously perturbed by my comments..my apologies...anger and frustration is seriously detrimental to your health, so don't react in this way. this kind of reactionary behavior is what makes the Malemas & Mugabes newsworthy. So just be positive, just not HIV positive....Have a fabulously great day,..I love you all, Jews, Muslims,Chinese, Zimbabweans etc..etc..etc..

      Stollie - 2011-01-20 14:06

      we wouldn't react in that way in you weren't spewing forth your ignorant/sexist drivel

      jowza - 2011-01-20 14:40

      Next time keep your drivel to yourself

  • mlh@24.com - 2011-01-20 14:42

    Swingers play with fire and who cares when they get burnt....? They get what they deserve!

  • jvrwes - 2011-01-20 16:01

    This is absolutely appalling. Why do HIV pos people have to take all the resposibility? It is time people learn that we are all in the same boat. Treat every partner as if he/she is positive. The fact that so many people do not even know their own status indicates that someone telling you they are negative, means nothing. Take some responsibility and just maybe we can get rid of the stigma of HIV. It takes two to tango!!

  • ps.nicoleli - 2011-01-20 17:33

    Have an STD? you are not alone.Find others with same STD at site named STDRomance. you may be upset and think your sex life is over. However, once you settle down and learn the facts, you'll realize that having STD is not the end of the world, and it's not the end of your social life.

  • ps.nicoleli - 2011-01-20 17:33

    Have an STD? you are not alone.Find others with same STD at site named STDRomance. you may be upset and think your sex life is over. However, once you settle down and learn the facts, you'll realize that having STD is not the end of the world, and it's not the end of your social life.

  • lawrence.pryor - 2011-01-20 19:35

    whether they swop partners or not it is not right that this man was sentenced to 8 years of his life just becaus he did not disclose his status, why would it matter if he used condoms? Swinging goes on all over the world and this is up to the individual but his wife knew he was positive and she still willing participated in swinging parties..

  • rachelwork4u - 2011-01-21 03:09

    Have an HIV/HPV/Herpes? You may be upset and confused and think your sex life is over. However, once you settle down and learn the facts, you'll realize that having STD is not the end of the world, and it's not the end of your social life. You are not alone! Date others with STD at site positivepal.com.

  • Travis - 2011-02-01 00:26

    People choose thier own way of life who cares if they are swingers its thier life if protection is used I see nothing wrong with it personally, people worry too much about what other people think. Its the 2000's have fun!! Freak everyone else

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