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Airman with HIV charged with assault over sex

/ Source: staff and news service reports

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, 43, also was charged with violating an order for failing to notify his partners, both women and men, 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.

The Air Force Times reported that Gutierrez faces two dozen charges that could lead to 53 1/2 years in prison.

A warrant used by Air Force officials to search Gutierrez's home revealed that his wife had told investigators her husband was infected in 2007 while stationed at Aviano Air Base in Italy.

The warrant said the investigation began after a tip that Gutierrez had had "numerous, unprotected sexual acts with a multitude of sexual partners over the course of three years."

The warrant was first disclosed by, which stated that Gutierrez has been in military custody since last month.