You never quite know where someone's dogtags have been. Image via Wikipedia
I suppose I have your attention now. For those who seek to condemn me for this post, please refer your negative comments to Charlie Thomas, the Felonious Munk. It was a dare, and a double-dog one at that. If you have positive comments, however, forget sending them to Charlie, keep sending those to me.
Charlie was chatting with me the other day about the conviction of Air Force Technical Sergeant (Tech Sgt) David Gutierrez. Who is he? Well, you may be thankful that you never met him at a party.
An Air Force sergeant convicted of exposing multiple sex partners to HIV at swinger parties was sentenced Wednesday to eight years in military prison and will be dishonorably discharged after serving his time.
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 usecondoms. 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.
Charlie really doesn’t have a problem with the aggravated assault and violating the order to inform sex partners. He gets it, and I get it too. Gutierrez was, after all, slinging his body fluids around someone’s living room with multiple partners without their knowledge of his loathsome disease.
Really, Charlie’s consternation arises from the Adultery charges. It seems strange that a crime should result from a consensual, adult act. What’s up with the bedroom police? (or, in the case of Gutierrez, the Bedroom/Living Room/Spare Room/Utility Room…..well, you get the point….police?).
What is adultery in the minds of the military? Well, we must look to Article 134 of the Uniform Code of Military Justice. Article 134 is a catch-all for any conduct deemed “prejudicial to good order and discipline” or “service discrediting.” That doesn’t leave much to the imagination, does it?