WICHITA, Kan. - The nation's highest military court has agreed to review the evidence used to convict a Kansas airman of assault by exposing multiple sex partners to HIV at swinger parties in Wichita.
The attorney for David Gutierrez said Monday his case could potentially remap HIV testing and prosecution in the U.S. military. The Court of Appeals for the Armed Forces is expected to hear arguments this year.
Attorney Kevin McDermott says existing case law reflects attitudes from the mid-1990s, and the hope is that the case will get the military up to speed on current issues with HIV.
Gutierrez was a sergeant at McConnell Air Force Base when he was sentenced in 2011 to eight years in prison and stripped of his rank for aggravated assault.