HIV-positive airman charged with aggravated assault in Kansas case linked to ’swinger’ parties

By AP
Tuesday, September 21, 2010

Kan. airman with HIV charged with assault for sex

WICHITA, Kan. — An airman stationed at McConnell Air Force Base in Kansas has been charged with aggravated assault for failing to tell his sexual partners that he’s HIV-positive in a case linked to so-called swinger parties.

The Air Force said Tuesday that Tech. Sgt. David Gutierrez also was charged with violating an order for failing to notify his partners of his HIV status. The formal charges handed down late Monday also included indecent acts on multiple occasions, adultery and obstructing justice.

An Article 32 hearing, similar to a civilian grand jury, is set for Oct. 5 at McConnell Air Force Base to determine whether to refer the case to a court martial.

Gutierrez’s defense attorney did not immediately return a message left for comment.

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