HIV-Positive Airman Faces Court Martial

Tech Sgt. David Gutierrez accused of having sex without revealing HIV status.

Jan. 18, 2011 — -- Three women took the stand today in the court martial case of Air Force Tech Sgt. David Gutierrez and testified that he either denied he was HIV positive or never mentioned it.

And in opening statements, Gutierrez's lawyer claimed that the latest scientific research shows that having unprotected sex with multiple partners without telling them that he's HIV positive does not amount to aggravated assault.

Gutierrez, stationed at McConnell Air Force Base in Wichita, Kan., has been under arrest at the base since Aug. 9, 2010. He is charged with disobeying a commander's orders by sleeping with numerous women without disclosing his positive HIV status.

He also faces 10 charges of aggravated assault, one for each sexual partner, according to a charge sheet. He also faces charges of adultery and having sex in front of others.

Gutierrez entered a not guilty plea on all charges.

In July of last year, Gutierrez's wife, Gina Gutierrez, told Air Force officials that her husband had bragged "about his numerous sexual exploits in the Wichita area and commented he never informed the other parties of being HIV positive," according to a court affidavit obtained by the Smoking Gun.

On Monday night, Gina Gutierrez, posted on her Facebook page that "in 7 hrs my life will change 4ever."

She is expected to testify during the court martial, ABC Affiliate KAKE reported.

Three women took the stand today claiming to have had sex with David Gutierrez after meeting him at "swinger parties."

The first woman that testified said that she and her husband had sex with both David and Gina Gutierrez.

"My husband and I asked point blank, because we were clean. And David and his wife said no. They made a point to tell us they were both clean," the woman said.

Another woman, when asked whether she would have still have had sex with David Gutierrez knowing his HIV status, said, "No, because I watched a brother die from AIDs."

All three women who testified have not tested positive for HIV.

David Gutierrez is a 20 year Air Force veteran who contracted HIV while stationed in Italy in 2007, according to the affidavit obtained by the Smoking Gun.

He was reassigned to Wichita in December 2008 where he is stationed with the 22nd Maintenance Operations Squadron. In October 2009, his commander sent an order that the sergeant must verbally inform sexual partners that he was HIV positive and must use protection to prevent the spread of the disease.

Alleged Victims Claim Gutierrez Lied About HIV Status

After receiving information that David Gutierrez was not obeying his commander's order, the Air Force Office of Special Investigations launched an undercover operation.

Investigators found that David Gutierrez "was active on multiple adult web sites used to facilitate meetings between like-minded, swinging couples and singles," the court affidavit showed.

At a previous military hearing in September 2010, a woman testified that on numerous occasions David Gutierrez videotaped them having sex. Investigators previously recovered a cell phone, camera equipment and three laptop computers from his home.

One of the women testified that she had asked Gutierrez about whether he was HIV positive and he denied that he was positive.

The victim said she believed him because. "He's Air Force. They have integrity. I trusted him," she said.

David Gutierrez graduated from a high school in New Mexico before joining the Air Force. On his Facebook wall, he describes his philosophy as "Do unto others as they would do unto you."

If convicted on all charges, Gutierrez faces 53 years in prison.

ABC Affiliate KAKE's Deb Farris contributed to this report. The Associated Press contributed to this report.