Air Force Sergeant Jailed, Awaiting Military Hearing In HIV Case

The Air Force sergeant accused of failing to inform a “multitude” of sex partners of his HIV-positive status has been jailed since his arrest earlier this month and faces a preliminary hearing next month, according to an Air Force spokesperson.

David Gutierrez, 43, is scheduled for an Article 32 hearing in connection with allegations that he violated the Uniform Code of Military Justice by engaging in “numerous, unprotected sexual acts…over the course of three years.” Air Force investigators contend that these encounters--which often involved fellow “swingers”--amount to aggravated assault “against several men and women in and around the Wichita, Kansas area.” Gutierrez, pictured at right, is stationed at McConnell Air Force Base in Wichita.

The Article 32 proceeding is overseen by an investigating officer who determines whether evidence supports the defendant being referred to a general court martial proceeding (or whether lesser punishment would be in order).

The criminal probe of Gutierrez is “in its early stages,” according to Linda Card, a spokesperson for the Air Force Office of Special Investigations (AFOSI), and “AFOSI and other Air Force agencies are working around the clock to bring the investigation to a conclusion.” In an e-mail response to TSG questions, Card noted that “the health of the base and local populations, the safety of the witness and possible victims are of constant Air Force and AFOSI concern.”