WICHITA, Kan. (AP) — The nation's highest military court will hear oral arguments this week in the case of a Kansas airman accused of aggravated assault for exposing multiple sex partners to HIV at swinger parties in Wichita.
The Court of Appeals for the Armed Forces would hear oral arguments on Tuesday the case against David Gutierrez.
Gutierrez was a sergeant at McConnell Air Force Base when he was sentenced in 2011 to eight years and stripped of his rank for aggravated assault. He was also found guilty of violating his commander's order to notify partners about his HIV status and use condoms. The military judge also convicted Gutierrez of indecent acts and adultery.
At issue is whether the likelihood of transmission was so great as to constitute aggravated assault.