DOCUMENT: Investigation, Crime

Air Force "Swinger" In HIV Probe

Feds: Sergeant hid diagnosis from “multitude” of sex partners

AUGUST 26--An HIV-positive Air Force sergeant failed to disclose his medical condition before engaging in sexual activity with a “multitude” of partners he met at “swinger” parties and through adult web sites, according to a military investigation, The Smoking Gun has learned.

The criminal probe of Sgt. David Gutierrez, a 20-year military veteran, began last month when the Air Force Office of Special Investigations received information that he had “engaged in numerous, unprotected sexual acts…over the course of three years.” According to court records, investigators charge that, due to Gutierrez’s HIV status, these encounters amounted to “aggravated assault against several men and women in and around the Wichita, Kansas area.”

The 43-year-old Gutierrez, stationed at McConnell Air Force Base in Wichita, was “apprehended” on August 9 for violating the Uniform Code of Military Justice. At the time, a “search of his person and vehicle was conducted pursuant to a search authority granted by a military magistrate,” records show. Two subsequent searches--conducted at the Wichita home Gutierrez shares with his wife Gina--targeted his computers and other belongings in a bid to “identify potential witnesses and victims.”

Gutierrez’s wife told investigators that he became infected with HIV in 2007 while stationed in Italy. After learning of the diagnosis, she claimed, Gutierrez “contacted his sexual partners in Italy to report possible exposure to the virus,” according to an affidavit sworn by Air Force criminal investigator Derrell Freeman (that document is excerpted here).

However, after being reassigned to McConnell in 2008, “Gutierrez began having unprotected sex with numerous partners,” Gina Gutierrez told Air Force investigators. She said that her husband used adult networking web sites to arrange “sexual encounters with both male and female partners,” and “bragged” to her “about his numerous sexual exploits in the Wichita area and commented he never informed the other parties of being HIV positive.” Online profiles indicate that Gutierrez’s wife has participated with him in swinging activity, both in Kansas and Italy.

Gutierrez, pictured at left, did not respond to an interview request sent to his Facebook page, and a cell phone number listed for him in the Freeman affidavit is no longer in service.

In his affidavit, Freeman disclosed having interviewed two women who reported having unprotected sex with Gutierrez after meeting him through adult web sites. Both women--whose names TSG has redacted from an excerpt of Freeman’s affidavit--told the Air Force investigator that Gutierrez never disclosed his HIV status. The names of both women appear among Gutierrez’s list of Facebook friends.

One woman told of first meeting Gutierrez in person last summer at a swinger party (she first connected with him through adultfriendfinder.com). The alleged victim, a 44-year-old Kansas woman with two sons in the military, said she performed oral sex on Gutierrez at that initial gathering, as well as at subsequent swinger parties over the following months. She added that he took photos and videos “every time these sexual encounters took place.”

The second woman, 44, told Freeman that she initially met Gutierrez in late-2009 via clubforeplay.com. During the Thanksgiving holiday she “engaged in unprotected oral sex and vaginal intercourse” with Gutierrez at his Wichita home. “At no time did D. Gutierrez disclose his positive HIV status” to the woman, Freeman reported.

In a late-October posting on adultfriendfinder.com, Gutierrez wrote that, “We are looking at hosting a Thanksgiving dinner for all (singles man/woman, cpls) that do not have family here in Wichita.” He added, “Any playing is not expected, but more than welcome.”

According to Freeman’s affidavit, Gutierrez’s online handles include “luv4u269me3” and “wetnwild4u2692.” Additionally, Air Force computer crime analysts determined that Gutierrez “was active on multiple adult web sites used to facilitate meetings between like-minded, swinging couples and singles,” and was “actively seeking sexual partners in the Wichita, KS area…At no time did [he] identify himself as being HIV positive.” In one online profile, Freeman added, Gutierrez reported attending 21 Wichita-area swinger events during the first six months of 2010.

Gutierrez’s online profiles include explicit photographs (as seen above) and details about his sexual exploits and preferences (“Honesty” is a key factor when looking for a sexual partner, he claimed in a profile on eroticsouls.com).

In a June 2007 posting on adultfriendfinder.com, Gutierrez conducted a poll on whether respondents were willing to “play” with partners infected with herpes simplex virus (HSV) or HIV. In a follow-up post, he asked, “Why are people scared of the HIV virus, don’t you wear condoms to protect yourself from HSV?” He added, “The research I have done raises several questions on weather or not HIV is even related to AIDs.”

Records show that investigators searching Gutierrez’s home seized his pornography collection, condoms, and a wide variety of vibrators and sex toys. They also took a “blood chemistry report” addressed to Gutierrez from the University of Kansas School of Medicine, and two manila envelopes containing a total of 146 pages of “HIV related research articles.” (7 pages)

Comments (27)

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This guy is great. He should run for Senate as a Republican.
Obviously people are upset. That is understandible. Threatening David is not the answer. David just got mixed up with the wrong person. All he wanted was a piece of ass from Gina. She knew about his Hiv before they got married. She accepted him anyways. He did not get the virus in Italy. He supposedly got it state side. This is a fact. Besides he told some of us. And who knows maybe she gave it to him when he met her and she decided not to tell him. She likes swinger parties more than he does. Gina just wanted to get attention. She got alright. Gina should be prosicuted too and the government should do something about that too. civilian or not.
So how does an HIV positive person protect themselves, and prove that they have informed their partner that they informed them that they are POZ? Do they need to have a formally notarized document signed by both parties to prove disclosure of HIV? Apparently, that's the only option HIV studs and starlets have. So what's the Law regarding sexual partners that carry Hep-C, HEP-B and other life threatening diseases? How about getting consent before sex if you have other STD's? Crabs "The Clap" Syphilis Gonorrhea Urinary Tract Infections If you have mono The flu A contagious skin rash A Cold Pink Eye Or one of the new bacterias that can not be cured with antibiotics and cause a 40% to 60% death rate. Let's be serious. HIV is 25 years old, plus. If you are going to have unprotected sex, and especially be the receiver, in gay talk, that person is the "bottom", let the "BOTTOM" BEWARE, and make it THEIR responsibility to procure a notarized document from their partner. The reality is, it's THEIR choice not to use a condom or other safety precautions. I know. I was the "bottom", and I didn't ASK.
hey iceangel dont be trying to ask who i am i know who you are thats all that matters
Oh good god!!!! Ive only been at McConnell here in Wichita for 2 years and so far someone has been arrested for child porn and now this?!?! Is this base full of nasty freaks!!!!! And and i jus found out my husband worked with this guy. (ewwww). And leave gays alone people.
Now don't forget folks that the Female Pop Singer in England just got probation for doing the same thing so this guy, when sentenced, should get the same sentence.
damn this shiat right here is messed up i know these people i went to school with his daughter i always knew they were sick people...they deserve what they get
hey who is red and blue saints ???????
Off with his ***in head!!!
Section 925, Article 125, entitled 'Sodomy.' You should try reading it sometime. Being what you claim to be is still illegal under military law. Of course, you're not really retired, are you? You never even served. Even if I was to count Air Farce service as real service...I highly doubt you were ever in uniform. You're just another liberal kook who lies to try and make a point. If you HAD served, you would know that you could still get an honorable discharge as long as they didn't find out you were gay. You're too stupid to even know that basic point. Retirees don't go off on little rants like you have. People who blog for moveon.org...those are the idiots who rant like you. Do us all a favor, seriously; either A) wash your mouth out with buckshot, B) get an education at some point, or C) learn where the Caps Lock key is. Tap it. I'm done with ya. You are a liar...you never served, you never wore a uniform (other than the Girl Scouts), and you're basically full of crap all the way around. Even if everything you said had been true, that still makes you a liar and a criminal. Congratulations, you're an all-around piece of shiat, just like the guy in Wichita. Hooray.
LINEDOC: I JUST HAVE TO KICK YOU WHEN YOU ARE DOWN. MY PENSION IS 60K (TAKE HOME CASH) PER YEAR, TAX EXEMPT BY FEDERAL LAW, TOTALLY FREE MEDICAL, FREE RX MEDS (NO ANNUAL PREMIUM, NO DEDUCTIBLE, NO FEES FOR "ANY" RX MEDS) FREE PROPERTY TAX EXEMPTION AND FREE LICENSE PLATES TAX EXEMPT IN THE STATE I LIVE IN. MY PENSION IS WORTH ABOUT 80K--- MORE THAN MOST PEOPLE LIKE YOU MAKE WORKING FOR THE RT WINGERS---OR IN SOME UNDEREDUCATED SLIME JOB. HA HA I AM LIVING WELL AND YOU ARE PAYING FOR MY TAX FREE INCOME AND HEALTH CARE. ALL LEGAL AND FORTHRIGHT. IT PAYS TO WORK AMONG BIG NAME GENERALS AND THE WHITE HOUSE.
I SERIOUSLY DOUBT YOU KNOW HE IS BI-SEX AND IM SURE YOU DONT KNOW HIS WIFE GINA??
I'm trying to determine what's more disgusting: the Air Force Sergeant, linedoc's homophobic rant, or Hoosier Daddy's racist slur. BTW, I'm also a veteran, of the Air Force, 24 years worth, and this fellow has dishonored the uniform by his conduct. Plain and simple.
What about his wife? From all indications in the story she, one, knew he was HIV positive, and two, knew he was sexually active with others. She should be charged as an accessory.
She is the one who started this process once she found out he was HIV positive and having sex with others, without protection and them being notified of his condition.
I agree with you Gina his wife is pissed and wants to see him suffer and wants him to take the fall for what ever he did wrong. she should be punished too. She knew and did nothing. That's what you call ignorance on her behalf. She calls herself getting even and controlling him. She is a controll freak. Who knows how many other guys Gina tried to screw over.
He knew his condition and didn't warn others, for his own gratification, he should be charged with assault,maiming, and if one of his partners die, he should be charged with premeditated "homo"cide
Waddup playa!! Nother crazy Latino at it again.
Wow...can't say homosexual, apparently. How about this, then: queer. Good lord...this buttpirate goes on a rant about some AF nutjob, and I can't use the word ***sexual? Is it more correct to say pillow-biter now? Or fairy? Limpwrist?
He *should* be thrown in jail. And so should you, crashlanded. Being homosexual in the military is still against the UCMJ, despite Clinton's nonsensical "don't ask, don't tell" crap. Every penny you got from the Air Force was a penny you stole from the taxpayers. How dare you equate your criminal acts with the service of the soldiers with whom I served. Burn in hell.
LINEDOC YOU ARE VERY IGNORANT OF THE UCMJ, IF I WAS ILLEGAL WHY DID I END UP WITH FULL HONORABLE DISCHARGE. I WORKED IN THE PENTAGON AND SEVERAL GENERALS AND HIGH RANKING AIR FORCE KNEW I WAS GAY---EVEN WAS ASSGINED TO THE BUSH WHITE HOUSE AT ONE TIME FOR TDY. I DID MY INTELLIGENCE AFSC PROUD AND SO WELL THEY DIDNT GIVE A DAMN ABOUT DADT. MANY HETERO MILITARY HATE DADT AND WANT IT REPEALED ASAP. YOU ARE A HOMOPHOBE AND IGNORANT WHITE TRASH/RED NECK HICK FROM WHAT I CAN TELL. I AM WHITE, SO I FEEL I CAN USE "WHITE TRASH" AND NOT BE ON THE WRONG SIDE OF THANGS. DID YOU SERVE, AND IF SO WERE YOU IN CHARGE OF LATRINES?? HA HA LOL
AS A RETIRED AIR FOR GAY, THIS MANS BEHAVIOR IS REPREHENSIBLE AND DISGUSTING. WHAT HE HAS DONE IS CRIMINAL AND HE NEEDS TO SUFFER IN SILENCE WITHOUT MEDICAL TREATMENT IN A THIRD WORLD JAIL. REMEMBER HE IS HETEROSEXUAL NOT A GAY!!!
You stand corrected, he is bi-sexual. Also, I know his wife Gina.
I know this guy and his wife as well. My husband and I were stationed with him in Italy. I am shocked by this, as well as sickened. He and his wife should both get a life sentence for this!!!
Obviously you don't know them that well. Alot of people knows it is more Gina than it is David. Gina wants the spot light. Gina wants to have control.David may have been ignorant but Gina was more ignorant.
porn 'stache