An HIV-positive Air Force sergeant will be dishonorably discharged, and sentenced to 8 years in prison for having unprotected sex with several people at swinger parties, a court martial judge ruled on Wednesday.
Tech Sgt. David Gutierrez's rank will also be significantly lowered before he heads to confinement. He pleaded not guilty to charges of adultery, 10 counts of aggravated assault, and for violating his squadron commander's written orders from 2009 to disclose his HIV status to sexual partners. Gutierrez, 43, is also being charged with nine counts of adultery and with having sex in front of others.
Gutierrez begged to keep his medical benefits that he has earned through his years of service. He even said he would be willing to spend more time in jail just to keep the medical benefits.
“The possibility of a future without assistance does scare me — scares me to the core,” he said according to the Associated Press. “The cost of medicine is very expensive and I don’t know if I can afford it.”
Gutierrez apologized to the Air Force, his wife, and his sexual partners, and added that he was thankful no one else contracted the virus.
According to reports, Gutierrez's wife, Gina, who is not in the military, encouraged his behavior and often pondered opening a swingers’ bed-and-breakfast. Because she is not in the military, she does not face any charges. She told NBC that she went to a military chaplain to tell him that her husband had gone to bathhouses and had HIV.
Watch her interview below: