An HIV positive US Air Force sergeant who engaged in spouse-swapping swingers parties was sentenced on Wednesday to eight years in military prison for failing to tell those partners about his condition.
Sergeant David Gutierrez, 43, also will be dishonourably discharged after serving his prison term, which strips him of benefits he'll need to pay for medication when released.
Gutierrez, found guilty of a slew of charges earlier on Wednesday, begged the presiding judge at the court-martial, Lieutenant Colonel William Muldoon, for mercy, saying he would rather spend additional time behind bars than lose his medical benefits.
Sobbing into a tissue, Gutierrez apologised to his family, his victims and the Air Force.
"I hope they understand I never intended to hurt them," Gutierrez said of his victims, addressing the court before being sentenced. "I thank God every day that no one has contracted HIV" because of contact with him.
"All one has to do is Google my name and my life is before them," he said. "That, I know, is my fault."
He was convicted of seven counts each of aggravated assault and adultery, and one count each of committing an indecent act and disobeying a superior officer's order. Gutierrez could have been sentenced to more than 50 years in prison.
Military prosecutors asked that he receive no less than 18 years and lose his medical benefits, which Gutierrez said would mean a death sentence for him.
Gutierrez "repeatedly played Russian Roulette with the lives of the people of this community", prosecutor Captain Sam Kidd said.
Saturday night in Las Vegas was the 90th annual Miss America. The winner was a sweet 17-year-old blonde from Nebraska.
Sunday afternoon at the Hyatt Regency on Capitol Hill was the 26th annual Mr. Mid-Atlantic Leather contest. It is the highlight of the Mid-Atlantic Leather Weekend, the largest East Coast gathering of gay leather fetishists. The winner travels to the International Mr. Leather competition in Chicago, where he mingles with thousands of men who have managed to replicate every authority-based uniform - policemen, soldiers, umpires - in leather.
"I meet the nicest people through leather," says contestant Frank King, who elects to pair a leather vest with a red lumberjack shirt for the casual portion of the competition. "Doctors, lawyers. Just everyday people."
King, who owns a resort in Rehoboth Beach, Del., is new to the leather scene. His grown daughter wanted to come see her dad in the competition; he convinced her that he wanted to go it alone his first year.
"People say this lifestyle is about whips and chains," says contestant Tim White, the reigning Mr. Connecticut Leather, who, in what is considered a celebrity romance in this community, is dating the current Mr. New Jersey Leather. "But it's about heart. There is so much nurturing in this community."
A Kansas airman, accused of disobeying orders requiring him to tell his sexual partners that he is HIV positive, faces assault charges at a military hearing following allegations that he indulged in unprotected sex with multiple women at swingers' parties.
Court martial proceedings against Tech. Sgt. David Gutierrez begin Tuesday at McConnell Air Force Base in Wichita where he is stationed with the 22nd Maintenance Operations Squadron. He has been under arrest at the base since Aug. 9.
The Air Force has charged him with violating military law by having unprotected sex with at least 10 people without telling them he is infected. He faces 10 counts of aggravated assault — one for each sexual partner — and is charged with violating his squadron commander's October 2009 order to notify his sexual partners about his HIV status and to use condoms.
Gutierrez also has been charged with multiple indecent acts for having sex in front of others. He also was charged with nine counts of adultery.
Two women testified at a military hearing last year that they had sex with Gutierrez, including at swingers' parties, but that they would not have had done so had they known he was HIV positive. One Topeka woman testified that she asked Gutierrez whether he had any sexually transmitted diseases and believed him when he assured her he did not.
But let me explain. I do realize that what I am saying is a total anathema to the prevalent feminist theory of the 1990s, and in most circles today. But at 19, I didn’t know anything about non-normative sexuality – things like fisting and swinging, gangbangs and latex fetishes, sadomasochism – these were all as distant from me as another planet. I’d seen pornography, of course, and I knew about anal sex and homosexuality (in fact, learning that bisexuality wasn’t something that turned everyone on was quite eye-opening).
A jury Wednesday found an Arlington man not guilty of rape, six months after the felony charge was filed against him after a female accuser told authorities that a consensual bondage-themed sexual encounter between them escalated out of control.
A two-day jury trial is set to begin at 9:30 a.m. Tuesday for an Arlington man charged with rape in what prosecutors describe as a consensual bondage-themed sexual encounter that escalated out of control.
Benjamin R. Senter, 49, faces a single felony charge of rape. Senter pleaded not guilty to the charge in July after a grand jury in June upheld a direct indictment against Senter.
He was freed on a $50,000 secured bond following his arrest June 22.
At a May bond hearing, Circuit Court Judge John G. Barry stipulated that Senter had to surrender his passport, adhere to a curfew and travel for work-related purposes only. The judge also imposed an unusual condition, stipulating that Senter may not participate in any sexual fetish or bondage-related activities while awaiting trial.
A retired Air Force Master Sergeant, Senter worked for the Defense Intelligence Agency at Bolling Air Force Base at the time of his arrest.
At the May hearing, Senter’s defense attorney, John Spencer of Fredericksburg, told the court that Senter and the alleged female victim met through a sexual fetish website in 2003.
Since that time, Spencer said Senter and the unidentified woman met for about a dozen encounters that involved consensual bondage, discipline, dominance and submission.
But during an encounter on April 2, prosecutors told the court that the role-playing escalated out of control. They say the woman told authorities that despite telling him to stop, Senter disregarded a “safe word”, a word or phrase used to immediately stop the role-playing. The woman says Senter hit her with a cane, bit her and dragged her by the hair.
The defense acknowledged that the woman confronted Senter about the incident the following morning. But Spencer told the court in May that Senter sincerely thought the matter was resolved after he apologized to her in person and later through a text message.
Arthur Sedille was up-front with police: He would often put a gun to his wife's head during fantasy sex play at their Oklahoma City, Oklahoma, home.
But Sedille said he didn't know the gun was loaded when he pressed it to his wife's head and pulled the handgun's slide back during sex on the night of December 21.
Now Sedille, 23, is facing the possibility of a murder charge in Canadian County, Oklahoma, in the death of his wife, 50-year-old Rebecca Sedille -- who died when the handgun went off in their bedroom.
According to a probable cause affidavit filed by Oklahoma City police, Sedille said the shooting was accidental. He called 911 afterward, according to police.