Posted on 03/07/2007 9:19:07 AM PST by RedRover
WUERZBURG, Germany -- A U.S. Army medic who refused to return to Iraq because he believes war is morally wrong was convicted of desertion Tuesday and sentenced to an eight-month prison term -- far short of the maximum seven-year sentence.
Specialist Agustin Aguayo, 35, and his attorneys turned to each other and smiled after Judge Col. R. Peter Masterton read out the sentence.
Aguayo, a U.S. citizen born in Guadalajara, Mexico, had been jailed for 161 days awaiting trial and his attorney, David Court, said he did not expect him to serve more than about six more weeks.
"We're grateful that the military judge gave a light sentence," Court said, adding that he believed Aguayo convinced the judge he was sincere and that "the judge is concerned with justice."
In a shaky voice, Aguayo told the court during the one-day court martial at the Army's Leighton Barracks near Wuerzburg, Germany, that his convictions led him to jump out a window and flee home to California rather than be forced to go back to Iraq.
"I respect everyone's views and your decision, I understand that people don't understand me," he testified. "I tried my best, but I couldn't bear weapons and I could never point weapons at someone."
Aguayo then quoted the 16th-Century German religious reformer Martin Luther: "Here I stand, I can do no more."
Aguayo pleaded guilty to the lesser charges of being absent without leave and missing a troop movement, but was unsuccessful in contesting the more serious desertion charge.
The judge found him guilty of desertion after Capt. Derrick Grace, the lead prosecutor, told the court being absent without leave was by itself grounds for a desertion conviction. The judge also ordered that Aguayo be reduced in rank to private, forfeit his pay and receive a bad conduct discharge.
"The accused was supposed to deploy with his unit to Iraq and that was important to do," he said. "Instead of deploying with his unit, the accused decided to jump out a window and run away."
The trial was observed by representatives of Amnesty International and American Voices Abroad, an anti-war group that has assisted Aguayo.
Amnesty said Aguayo was a "prisoner of conscience" and called for his immediate release.
"Refusing military service for reasons of conscience isn't a luxury -- it's a right protected under international human rights law," said Larry Cox, executive director of Amnesty International USA. "Agustin Aguayo wasn't just complaining about his assignment -- he clearly made the case that he objects to war itself. He should be released."
Aguayo has said he enlisted in 2002 to earn money for his education. Though military operations in Afghanistan were under way and discussions about Iraq were ongoing, he said he never considered that he would have to fight.
Aguayo, who was with the 1st Infantry Division's 2nd Brigade Combat Team, served a year as a combat medic in Saddam Hussein's hometown of Tikrit in 2004 after the military turned down his request to be considered a conscientious objector.
He challenged the Army's decision in U.S. federal courts but lost.
Military lawyers pointed out he applied for objector status only after receiving orders to go to Iraq. Aguayo said his beliefs evolved based on his upbringing and his experiences in the military.
After fleeing home to California, he turned himself in to the military at California's Fort Irwin about three weeks later.
As his court martial opened, Aguayo admitted he deliberately avoided going to Iraq.
"I understand that the formation was to move ... to Iraq, your honor," he told the judge in a quiet, wavering voice.
"Yes, I deliberately stayed away from the movement. I knew that I wouldn't be making this movement."
Meanwhile, enlisted Marines in Iraq know any action in combat can lead to prosecution and jail time.
One hell of a way to win a war.
He should have been given a short rope.
faggot.
He should return every dime he has received for any education costs. People like him disgust me. I can't even find the words to describe how I feel about this "light" sentence.
Comment removed by Moderator.
For a contrast to the story of this POS, let me know if you want on the Haditha Marine Ping List. The first Article 32 in that case starts in two weeks.
At least he now has a federal felony conviction under his belt. Unfortunately, the Sheehan crowd will be happy to give him a job, that is if (ugh!) President And Supreme Overlord Her Foul Anti-Holiness Hillary Clinton doesn't pardon him first.
Didn't even get a DD, he got a Bad Conduct Discharge. Unbelievable!
(Superimposed Caption on Screen : 'AND NOW . . . UNOCCUPIED BRITAIN I970'
Cut to colonel's office. Colonel is seated at desk.)
Colonel: Come in, what do you want?
(Private Watkins enters and salutes.)
Watkins: I'd like to leave the army please, sir.
Colonel: Good heavens man, why?
Watkins: It's dangerous.
Colonel: What?
Watkins: There are people with guns out there, sir.
Colonel: What?
Watkins: Real guns, sir. Not toy ones, sir. Proper ones, sir. They've all got 'em. All of 'em, sir. And some of 'em have got tanks.
Colonel: Watkins, they are on our side.
Watkins: And grenades, sir. And machine guns, sir. So I'd like to leave, sir, before I get killed, please.
Colonel: Watkins, you've only been in the army a day.
Watkins: I know sir but people get killed, properly dead, sir, no barley cross fingers, sir. A bloke was telling me, if you're in the army and there's a war you have to go and fight.
Colonel: That's true.
Watkins: Well I mean, blimey, I mean if it was a big war somebody could be hurt.
Colonel: Watkins why did you join the army?
Watkins: For the water-skiing and for the travel, sir. And not for the killing, sir. I asked them to put it on my form, sir - no killing.
Colonel: Watkins are you a pacifist?
Watkins: No sir, l'm not a pacifist, sir. I'm a coward.
When life imitates Monty Python, you know something just ain't right. ;)
These people disgust me too. I used to work with a DBA whose son was in the Guard and got called up. This guy used to whine that his son just joined for the education benefits. I got tired of listening to it and I asked him if his son understood there was a chance he would get called up when he signed. He said yes, he did, but he never thought it would happen. I said guess what? You're whining is a moot point.
He didn't know what to say to me. I reminded him that it's an all volunteer force, and when I joined I knew what the deal was, so I hope his son did too.
Thats when he figured out that I was Conservative and pro-WOT. He came to my office the next day with printouts from anti-war bullcrap sites and I tore them up and threw them away while he was still there. That was 2004 and he never talked to me again. He left our company a couple months later.
LOL Thanks for sharing that. :-)
My son is a combat medic and this situation really really makes him angry. Even if you don't believe in war (ie, in taking life) you can still serve in a medical field - many, many conscientious objectors do and have done so over the years. After all, this guy made a promise when he signed up.
He (my son) is convinced this guy just didn't want to go back to Iraq.
I'm so sorry that this slimeball is making someone like your son work twice as hard.
What a mixed up world. I wonder if he got less of a sentence than Scooter Libby will?
Good question! I guess Scooter's sentencing is still to come?
May 15th I think.
faggot
my uncle was a devout Catholic and concientious objector... he saw as much combat in Vietnam as my pop.
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