David J. A. Gutierrez

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Charge:	Assault - Aggravated (including causing bodily harm)
Sentence:	8 years and stripped of rank
Years Imprisoned:	4
Year Crime:	2011
Year Convicted:	2011
Year Cleared:	2015
U.S. State or Country of Crime:	U.S. Military - Federal Case
County or Region of Crime:	Sedgwick
City of Crime:	Wichita
Result:	Judicially Exonerated
Summary of Case:	"Sgt. David Gutierrez was wrongly convicted in 2011 of aggravated assault for exposing multiple sex partners to HIV at swinger parties he attended with his wife in Wichita, Kansas. At the time Gutierrez was stationed at McConnell Air Force Base. Gutierrez had tested positive for HIV, but he was not accused of infecting anyone with HIV. He was prosecuted, and convicted based solely on his status of being HIV positive. Gutierrez was stripped of his rank and sentenced to eight years in prison. Gutierrez appealed. On February 23, 2015 the U.S. Court of Appeals for the Armed Forces unanimously vacated Gutierrez' conviction in ruling that prosecutors failed to prove that any of David Gutierrez's acts were likely to transmit HIV to his partners. The decision overturned a 25-year precedent that allowed military personnel to be convicted of aggravated assault solely on the basis of a positive HIV test."
Conviction Caused By:
Innocence Proved By:	"On February 23, 2015 the U.S. Court of Appeals for the Armed Forces unanimously vacated Gutierrez' conviction in ruling that prosecutors failed to prove that any of David Gutierrez's acts were likely to transmit HIV to his partners. The decision overturned a 25-year precedent that allowed military personnel to be convicted of aggravated assault solely on the basis of a positive HIV test."
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Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"United States v. David J. A. Gutierrez, No. 13-0522, Crim. App. No. 37913 (U. S. Ct. of Appeals for the Armed Forces, 2-23-2015) (Reversing aggravated assault conviction based on failure to prove anyone was actually assaulted.)"
Information Location 1:	http://www.armfor.uscourts.gov/newcaaf/opinions/2014SepTerm/130522.pdf
Information Source 2:	"HIV assault ruling could end all such military cases, By Roxana Hegeman (The Associated Press), Air Force Times, February 24, 2015"
Information Location 2:	http://www.airforcetimes.com/story/military/crime/2015/02/23/court-tosses-one-conviction-against-airmen-david-gutierrez-hiv-case/23913645/
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David J. A. Gutierrez

Charge:

Assault - Aggravated (including causing bodily harm)

Sentence:

8 years and stripped of rank

Years Imprisoned:

4

Year Crime:

2011

Year Convicted:

2011

Year Cleared:

2015

U.S. State or Country of Crime:

U.S. Military - Federal Case

County or Region of Crime:

Sedgwick

City of Crime:

Wichita

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"United States v. David J. A. Gutierrez, No. 13-0522, Crim. App. No. 37913 (U. S. Ct. of Appeals for the Armed Forces, 2-23-2015) (Reversing aggravated assault conviction based on failure to prove anyone was actually assaulted.)"

Information Location 1:

http://www.armfor.uscourts.gov/newcaaf/opinions/2014SepTerm/130522.pdf

Information Source 2:

"HIV assault ruling could end all such military cases, By Roxana Hegeman (The Associated Press), Air Force Times, February 24, 2015"

Information Location 2:

http://www.airforcetimes.com/story/military/crime/2015/02/23/court-tosses-one-conviction-against-airmen-david-gutierrez-hiv-case/23913645/

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Book Information:

Book About Case (2):

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