ricksrster
Commander
- Joined
- Jun 19, 2005
- Messages
- 2,022
Conscientious Objector or Coward. There is no difference. You just can't change your mind after yu make a commitment.
U.S. Army medic who refused to return to Iraq found guilty of desertion
By GEORGE FREY (Associated Press Writer)
From Associated Press
March 06, 2007 1:05 PM EST
WUERZBURG, Germany - A U.S. Army medic who refused to return to Iraq because he believes war is immoral was sentenced to eight months in prison after being convicted of desertion at a court martial Tuesday - far short of the maximum seven-year sentence.
Specialist Agustin Aguayo and his attorneys turned to each other and smiled as the judge, Col. R. Peter Masterton, read out the sentence.
Since Aguayo has been jailed for 161 days awaiting trial, he could be free soon. 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 he believed Aguayo convinced the judge he was sincere and that "the judge is concerned with justice."
The judge also ordered that Aguayo be reduced in rank to private, forfeit his pay, and receive a bad conduct discharge.
Aguayo earlier admitted the lesser charges of being absent without leave and missing a troop movement, but was unsuccessful in contesting the more serious desertion charge.
In a shaky voice, Aguayo told the court during the trial at the Army's Leighton Barracks near Wuerzburg how his convictions led him to flee rather than go back with his unit.
"I respect everyone's views and your decision, I understand that people don't understand me," he testified before the judge Masterton. "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."
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 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 one-day trial was observed by representatives of Amnesty International and American Voices Abroad, an anti-war group that has assisted Aguayo.
Aguayo, a 35-year-old 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 then jumped out of a window of his base housing in Germany on Sept. 2 rather than be forced to ship out for a second tour and fled 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."
He challenged the Army's decision in U.S. federal courts but lost.
Aguayo 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.
(d
U.S. Army medic who refused to return to Iraq found guilty of desertion
By GEORGE FREY (Associated Press Writer)
From Associated Press
March 06, 2007 1:05 PM EST
WUERZBURG, Germany - A U.S. Army medic who refused to return to Iraq because he believes war is immoral was sentenced to eight months in prison after being convicted of desertion at a court martial Tuesday - far short of the maximum seven-year sentence.
Specialist Agustin Aguayo and his attorneys turned to each other and smiled as the judge, Col. R. Peter Masterton, read out the sentence.
Since Aguayo has been jailed for 161 days awaiting trial, he could be free soon. 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 he believed Aguayo convinced the judge he was sincere and that "the judge is concerned with justice."
The judge also ordered that Aguayo be reduced in rank to private, forfeit his pay, and receive a bad conduct discharge.
Aguayo earlier admitted the lesser charges of being absent without leave and missing a troop movement, but was unsuccessful in contesting the more serious desertion charge.
In a shaky voice, Aguayo told the court during the trial at the Army's Leighton Barracks near Wuerzburg how his convictions led him to flee rather than go back with his unit.
"I respect everyone's views and your decision, I understand that people don't understand me," he testified before the judge Masterton. "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."
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 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 one-day trial was observed by representatives of Amnesty International and American Voices Abroad, an anti-war group that has assisted Aguayo.
Aguayo, a 35-year-old 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 then jumped out of a window of his base housing in Germany on Sept. 2 rather than be forced to ship out for a second tour and fled 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."
He challenged the Army's decision in U.S. federal courts but lost.
Aguayo 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.
(d
