Posted: Oct 5, 2010 9:35 AM by Nichole Larkey
WICHITA, Kan. (AP) - A military court in Kansas will decide
whether enough evidence exists to court-martial an airman accused of having unprotected sex with several partners without telling them he is HIV positive.
An Article 32 hearing, similar to a civilian grand jury, will take place Tuesday at McConnell Air Force Base.
Forty-three-year-old Tech Sgt. David Gutierrez is accused of violating military law by having unprotected sex with at least 11 people. His squadron commander had ordered him to tell his sexual partners about his HIV status and to wear a condom.
A federal search warrant alleges Gutierrez met some of his partners at swinger parties.
He has been under arrest since Aug. 9. He faces more than 53 years in prison if convicted on all charges.