Witnesses Say Airman Denied Having HIV

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Tuesday, January 18, 2011

Three women testified in a court martial for accused McConnell airman David Gutierrez. All three told a judge they had sex with Gutierrez in 2009.

A Wichita woman testified she and her husband met Gutierrez and his wife with the intent to have sex. She told the court she and her husband asked Gutierrez point blank if he had any sexually transmitted diseases. She said, "They (Gutierrez and his wife) made a point to tell us they were both clean."

A Topeka woman testified she had sex with Gutierrez several different times. She testified she asked him up front if he was clean and he said he was. Later, when someone told her she needed to get tested for HIV, she asked Gutierrez if he had HIV. She testified, "He said it wasn't him, it was his brother." When the prosecutor asked her if she had been informed of Gutierrez' HIV status would she still have had sex with him, the woman responded, "No, because I watched a brother die from AIDS."

January 18, 2011

Military lawyers are asking that aggravated assault charges be dismissed against a Kansas airman accused of not telling multiple sexual partners that he is HIV positive and not using a condom

The defense argued at the start of court martial proceedings
Tuesday that the charges against Tech. Sgt. David Gutierrez are
unconstitutional. They contend that military laws that prohibit
consent to an assault would essentially ban their client from ever
having sex again because he is HIV positive.

Prosecutors argued that government has a legitimate interest in
protecting civilians from someone who is spreading the
life-threatening virus that can cause AIDS.

The judge denied the motion to dismiss the aggravated assault charge.

Gutierrez is stationed at McConnell Air Force Base in Wichita
with the 22nd Maintenance Operations Squadron.

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