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Author Topic: NCO Gets 8 Years in HIV Exposure Case  (Read 1744 times)

Offline wsm

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NCO Gets 8 Years in HIV Exposure Case
« on: January 24, 2011, 07:23:32 PM »
NCO Gets 8 Years in HIV Exposure Case

January 20, 2011
Associated Press

WICHITA, Kan. -- A disgraced Air Force sergeant will spend up to eight years in prison for exposing multiple sex partners to HIV at swinger parties in a sentence that the prosecution hopes will send the message that the military values the integrity of its servicemembers.

A court-martial judge on Wednesday also ordered Tech. Sgt. David Gutierrez to be dishonorably discharged and reduced him to the lowest enlistment rank while he serves out his military confinement.

The judge, Lt. Col William Muldoon, found him guilty earlier in the day on seven of eight counts of aggravated assault and of violating his commander's order to notify partners about his HIV status and use condoms. The judge also convicted Gutierrez of indecent acts for having sex in front of others and of eight counts of adultery.

The 43-year-old Airman appeared crestfallen as the judge handed down a sentence that will cost Gutierrez the military medical benefits he had tearfully begged to keep.

Before he was sentenced, Gutierrez had sobbed as he told Muldoon that he was willing to spend more time in jail rather than lose the medical benefits.

"The possibility of a future without assistance does scare me -- scares me to the core," he tearfully said. "The cost of medicine is very expensive and I don't know if I can afford it."

Gutierrez apologized to the court, the Air Force, his family and his sexual partners. He said he thanks God every day none of his partners contracted the virus and asked the judge to have mercy on him so he can live to see his two children graduate from college and get married.

Prosecutors had argued Gutierrez played Russian roulette with his sexual partners' lives.

"The accused was not thinking about how his victims would pay for their medications," Capt. Sam Kidd said.

Kidd told the judge that the sentence he would hand down would "speak volumes" to the community and send a message that the military values integrity first in its servicemembers. He said the victims thought they could trust Gutierrez because he was in the military.

"He preyed on this community," Kidd said.

Defense attorneys pleaded with the judge not to impose the punitive discharge that would strip his benefits.

"He is looking at his own mortality as he looks down the road," said defense attorney Maj. James Dorman.

Dr. Donna Sweet testified that the cost of HIV medication typically runs between $1,700 and $1,800 a month, and HIV-infected patients on average spend between $28,000 and $30,000 annually for their medical care.

Without medical care, infected patients usually die within 10 years, she said. But with proper care and medication, a 20-year-old person who contracts HIV can easily expect to live to age 70.

A Wichita woman who said she has lived a swinger lifestyle for six years testified at the sentencing hearing that she found out from news reports about the case that she had been exposed to HIV.

"Actually I started crying," she said. "I was kind of mortified."

Another woman who testified against Gutierrez during the court-martial sat in the gallery during the sentencing phase and wiped tears from her eyes as he said he was sorry he betrayed the friendships he had with his partners.

"I hope they understand I never intended to hurt them, and I sincerely ask for their forgiveness," Gutierrez said.

The Associated Press is not naming the Airman's sexual partners because they are alleged victims of sexual crimes.

Several people who participated in swinger and partner-swapping events with Gutierrez and his wife testified this week that they never would have had sex with him had he told them he was HIV-positive.

Gutierrez repeatedly denied that he was infected, and he was encouraged by his wife to carry on with swinger events, several witnesses testified during the Airman's court-martial at McConnell Air Force Base in Wichita.

Gutierrez originally was charged with 10 counts of aggravated assault and with violating his squadron commander's order to notify partners about his HIV status and use condoms. The judge granted a prosecution request Wednesday to drop two of the assault charges and one of the adultery charges.

http://www.military.com/news/article/nco-gets-8-years-in-hiv-exposure-case.html

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #1 on: January 24, 2011, 07:31:32 PM »
 :no:

Offline Cookman-MAN

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #2 on: January 24, 2011, 07:49:20 PM »
NCO Gets 8 Years in HIV Exposure Case

January 20, 2011
Associated Press

WICHITA, Kan. -- A disgraced Air Force sergeant will spend up to eight years in prison for exposing multiple sex partners to HIV at swinger parties in a sentence that the prosecution hopes will send the message that the military values the integrity of its servicemembers.

A court-martial judge on Wednesday also ordered Tech. Sgt. David Gutierrez to be dishonorably discharged and reduced him to the lowest enlistment rank while he serves out his military confinement.

The judge, Lt. Col William Muldoon, found him guilty earlier in the day on seven of eight counts of aggravated assault and of violating his commander's order to notify partners about his HIV status and use condoms. The judge also convicted Gutierrez of indecent acts for having sex in front of others and of eight counts of adultery.

The 43-year-old Airman appeared crestfallen as the judge handed down a sentence that will cost Gutierrez the military medical benefits he had tearfully begged to keep.

Before he was sentenced, Gutierrez had sobbed as he told Muldoon that he was willing to spend more time in jail rather than lose the medical benefits.

"The possibility of a future without assistance does scare me -- scares me to the core," he tearfully said. "The cost of medicine is very expensive and I don't know if I can afford it."

Gutierrez apologized to the court, the Air Force, his family and his sexual partners. He said he thanks God every day none of his partners contracted the virus and asked the judge to have mercy on him so he can live to see his two children graduate from college and get married.

Prosecutors had argued Gutierrez played Russian roulette with his sexual partners' lives.

"The accused was not thinking about how his victims would pay for their medications," Capt. Sam Kidd said.

Kidd told the judge that the sentence he would hand down would "speak volumes" to the community and send a message that the military values integrity first in its servicemembers. He said the victims thought they could trust Gutierrez because he was in the military.

"He preyed on this community," Kidd said.

Defense attorneys pleaded with the judge not to impose the punitive discharge that would strip his benefits.

"He is looking at his own mortality as he looks down the road," said defense attorney Maj. James Dorman.

Dr. Donna Sweet testified that the cost of HIV medication typically runs between $1,700 and $1,800 a month, and HIV-infected patients on average spend between $28,000 and $30,000 annually for their medical care.

Without medical care, infected patients usually die within 10 years, she said. But with proper care and medication, a 20-year-old person who contracts HIV can easily expect to live to age 70.

A Wichita woman who said she has lived a swinger lifestyle for six years testified at the sentencing hearing that she found out from news reports about the case that she had been exposed to HIV.

"Actually I started crying," she said. "I was kind of mortified."

Another woman who testified against Gutierrez during the court-martial sat in the gallery during the sentencing phase and wiped tears from her eyes as he said he was sorry he betrayed the friendships he had with his partners.

"I hope they understand I never intended to hurt them, and I sincerely ask for their forgiveness," Gutierrez said.

The Associated Press is not naming the Airman's sexual partners because they are alleged victims of sexual crimes.

Several people who participated in swinger and partner-swapping events with Gutierrez and his wife testified this week that they never would have had sex with him had he told them he was HIV-positive.

Gutierrez repeatedly denied that he was infected, and he was encouraged by his wife to carry on with swinger events, several witnesses testified during the Airman's court-martial at McConnell Air Force Base in Wichita.

Gutierrez originally was charged with 10 counts of aggravated assault and with violating his squadron commander's order to notify partners about his HIV status and use condoms. The judge granted a prosecution request Wednesday to drop two of the assault charges and one of the adultery charges.

http://www.military.com/news/article/nco-gets-8-years-in-hiv-exposure-case.html

Doesn't everyone feel that way? :shrug: So whose to blame here? The NCO for knowing his positive status and having unprotected sex or the other swinger participants that had random UNPROTECTED sex? In my opinion, STD's or STI's to a swinger is an occupational hazard. 
Regardless of whose to blame here, this is a sad and unfortunate story on both ends. :(


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Offline soflorattler

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #3 on: January 24, 2011, 07:53:07 PM »
Quote
Without medical care, infected patients usually die within 10 years, she said.

He got a death penalty. A slow dying death penalty....

Offline y04185

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #4 on: January 24, 2011, 08:12:42 PM »
cookman, the nco is clearly at fault.  an nco is held to a higher standard than a civilian.  he will probably get medical care while in prison.  when he gets out the new health care probably won't help him.  if one of those ladies dies while he is serving his sentence should face murder charges. 

during the trial one of the ladies testified that she believed him when he said he was hiv negative because he was air force.
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Offline j1908

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #5 on: January 24, 2011, 08:23:40 PM »
 :no:
Not saying I’m Flawless. But I dam sure don’t tarnish.

Offline Cookman-MAN

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #6 on: January 24, 2011, 08:29:05 PM »
cookman, the nco is clearly at fault.  an nco is held to a higher standard than a civilian.  he will probably get medical care while in prison.  when he gets out the new health care probably won't help him.  if one of those ladies dies while he is serving his sentence should face murder charges. 

during the trial one of the ladies testified that she believed him when he said he was hiv negative because he was air force.

Quiet as it's kept, the military is notorious for STD's. I do agree that most of the fault lies with the NCO for denying the fact he was infected but having unprotected sex is like playing Russian roulette :shrug:. I am not saying that this is entirely the fault of the participants but I do believe we (generally spoken) have to accept the consequences of our behavior. They taught us in school to treat EVERYONE as if they are infected. No one wins in situations like these.  :(


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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #7 on: January 25, 2011, 09:31:44 AM »
Hey, some would say the same about having sex outside of marriage, that catching STD's is an occupational hazard. I don't think anyone DESERVES to catch an STD.  To say they would have never had sex with him if they knew his status is stupid as hell.  :brickwall:  If you are going to swing, risking your partners to STDs then you'd better ask for paperwork and know folks status before you swing. You are responsible for you and the minute you allow someone else to be responsible for you, you are royally screwed, and not in a way that will bring you pleasure.
« Last Edit: January 25, 2011, 09:33:23 AM by MrSoul »

Offline Capler

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #8 on: January 25, 2011, 10:44:51 AM »
I guess I'm going to stand alone on this issue as well. Soooo, here we go again.  :'( When you put yourself out there, you assume risk. It would be nice if folk would tell all but people don't. It is your responsibility to protect yourself. You should assume everyone is HiV positive, has a std, hepatitis  and proceed with caution.  You do not place that burden on the other person. That is like giving a criminal your safe deposit box key. Now if dude would have lied to those other people about his status them, I could see them having a case. But when you jump in the sack with someone, you are receiving  everything that they have to offer whether you want it or not.  Ok Siac Cats, lets rumble!

Offline j1908

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #9 on: January 25, 2011, 11:40:54 AM »
Have to agree with Bear on this one. When you don't protect yourself this is what you will possible end up with. Don't be ashamed  to carry or whip out a condom, men do it all the time. As far  as  I am concern everyone is a walking "Blister". One of my gay friends have been living with his partner for almost three years  and using condoms and they both claim to be in a monogamous relationship. I asked him " When do you plan on Raw Dogging"
His response " When I stop enjoying sex and they stop making condoms"
There you have it.
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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #10 on: January 25, 2011, 12:25:57 PM »
I guess I'm going to stand alone on this issue as well. Soooo, here we go again.  :'( When you put yourself out there, you assume risk.

How are you standing alone on this issue? I think we've all pretty much said the same. You're responsible for protecting yourself. That doesn't relieve an infected person of the rightful duty to inform others of their status before sexing somebody up and down. But yes, regardless, the burden is on YOU - YOUR BODY, YOUR RISK, YOUR RESPONSIBILITY.   Nothing new here.  :no:

Interesting that with the many Black women who have been infected by their sexual partners, nobody opens their mouth and blames the women for having unprotected sex.  :shrug: Why is that? Unless you are married, you need to be using condoms - period.  Our people will quickly condom those of alternative lifestyles for catching the disease.

Offline Jaggrad

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #11 on: January 25, 2011, 03:06:47 PM »
The swinger will still receive healthcare.  That.. unfortunately is where, we as Americans will end up paying for his healthcare.  The government will supply for him while incarcerated. 

We all have had moments where he just didnt make the right decisions... This is his moment.  Thank God No others were infected..... Thats what I do not like.... many people are infected and refuse to tell the others that they are with..... At least, offer this information prior to sex.. and give the other partner the opportunity to make an informed decision. 

Working in the field of Public Health, Ive come across some horrible situations....  :no:

Offline GALFAMU

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #12 on: January 25, 2011, 09:58:49 PM »
Amazing. It is like no one ever heard of AIDS, saw Rock Hudson or heard what Magic Johnson had to say back in 1991.

Then there is Hydeia Broadbent--who has survived but hasn't had the easiest time after being dioagnosed as a baby.

I remember when I first heard of AIDS in 1981. I was watching the Phil Donahue show.

It was scary then and it is scary now.

I don't think people really take AIDS seriously any more--they are being so reckless with their health..
« Last Edit: January 26, 2011, 01:05:09 PM by GALFAMU »
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Offline y04185

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Re: NCO Gets 8 Years in HIV Exposure Case
« Reply #13 on: January 26, 2011, 06:16:29 AM »
galfamu, aids isn't taken seriously because now you can live with it.  you can live with it and nobody will know.  when people were dying from aids it was very serious.
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