Airman gets 8 years in prison in HIV exposure case

A court martial judge earlier found Tech. Sgt. David Gutierrez guilty on seven of eight counts of aggravated assault and violating his commander's order to notify partners about his HIV status and use condoms. The judge also convicted Gutierrez of indecent acts for having sex in front of others and eight counts of adultery.

The judge, Lt. Col. William Muldoon, delivered the sentence after a brief hearing, during which Gutierrez had begged between sobs not to be discharged so he could keep the military medical benefits he will now lose. Gutierrez also will be reduced to the lowest enlistment rank while serving out his military confinement.

Before he was sentenced, Gutierrez told Muldoon that he was willing to spend more time in jail rather than lose his medical benefits he needs.

"The possibility of a future without assistance does scare me — scares me to the core," he tearfully said. "The cost of medicine is very expensive and I don't know if I can afford it."

Gutierrez, 43, apologized to the court, the Air Force, his family and his sexual partners. He said he thanks God every day none of his partners contracted the disease and asked the judge to have mercy on him so he can live to see his two children graduate from college and get married.

Prosecutors had argued Gutierrez played Russian roulette with his sexual partners' lives.

"The accused was not thinking about how his victims would pay for their medications," Capt. Sam Kidd said.