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Court-martial Jan. 18 for HIV-positive man

The court-martial of an HIV-positive McConnell Air Force Base sergeant accused of aggravated assault for having unprotected sex with at least 11 people will begin Jan. 18.

The court-martial will be a public hearing. It was originally scheduled to begin Jan. 10.

Tech Sgt. David Gutierrez was charged in military court with aggravated assault, violating an order from his commander to tell partners about his HIV status and to practice safe sex, committing indecent acts on multiple occasions, adultery and obstructing justice.

In October, Gutierrez appeared in military court for an Article 32 hearing, similar to a civilian grand jury. The hearing officer found that there was sufficient evidence to refer the case to a court-martial.

Gutierrez is accused of attending swinger parties where promiscuous sex is commonplace and using adult websites to find partners.

Charging documents said he didn't wear condoms to protect his partners and didn't warn people they might get infected.

Two women testified at his hearing in October. They said they took Gutierrez at his word when he told them he was "clean" and free of sexually transmitted diseases.

Both women said they would not have had unprotected sex with Gutierrez if they had known of his HIV-positive status.

The convening authority in Gutierrez's case is Lt. Gen. Robert Allardice, 18th Air Force commander at Scott Air Force Base in Illinois.

The court-martial will be open to the public and begin at 8 a.m. Jan. 18 at McConnell Air Force Base.

Visitors must go through security to get on the base.

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