Charged: David Gutierrez could face more than 53 years in jail if convicted of his crimes
An HIV positive American airman has been charged with assault after allegedly having unprotected sex with at least 11 people without telling them of his condition.
Sergeant David Gutierrez, 43, is accused of violating military law by breaking a squadron commander's order to notify partners about his HIV status before having sex and to use condoms.
He has been accused of endangering at least 10 women and one man by failing to share his medical status with them.
Mr Gutierrez, who is based at McConnell Air Force Base in Wichita, Kansas, faces 24 charges in relation to his crime and faces more than 53 years in prison if convicted.
A hearing has been set for October 5 to determine whether to refer the case to a court martial.
Other penalties include a dishonourable discharge, forfeiture of pay and reduction in rank.
Eleven of the charges are for aggravated assault, which is defined as an assault which may produce death or grievous bodily harm., while ten are for adultery
One is in relation to committing indecent acts while others were present or in close proximity.
He also faces an obstruction of justice charge with potential for more should more victims come forward.
The obstruction charge relates to allegations Gutierrez deleted e-mails and other files from his mobile phone and computer.
These included online profiles for sexual websites, alongside digital photos and videos of him allegedly engaging in sexual acts.
It is understood that many of Mr Gutierrez’s alleged victims were met through adult websites and at ‘swingers’ parties, with a police search warrant suggesting he attended 21 such events in 18 months.
Two women listed within court documents claimed to have chatted with him on swinging websites.
Both allege he did not inform them of his HIV before engaging in both oral sex and sexual intercourse.
One alleged victim said she first met Gutierrez at a swingers party before performing a sex act on him. She also claimed that he took photos and videos of every sexual encounter.
The other complainant claimed she engaged in sexual activity at Gutierrez's home during last November's Thanksgiving holiday
Court records also claim that a large collection of pornographic videos were seized from his home as well as sex toys and other items.
He was also reported to have posted a survey on a swingers website in 2007 asking whether respondents were willing to 'play' with partners infected with herpes simplex virus (HSV) or HIV.
And in a follow-up post, he allegedly asked: 'Why are people scared of the HIV virus, don’t you wear condoms to protect yourself from HSV?'
Gutierrez, a member of the air force for 20 years, has been under arrest at the base since August 9. The American military have 120 days from that date to complete the case.
Mr Gutierrez's wife Gina told investigators her husband became infected with HIV in 2007 while stationed at Aviano Air Base, Italy.
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