Soldier convicted of desertion

Specialist Agustin Aguayo, 35, of California 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 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.”