Topic: L.A. Man In Desertion Case Freed

Los Angeles Times
April 19, 2007
By Associated Press
BERLIN — A U.S. Army medic who refused to return for a second tour in Iraq was released Wednesday from a military prison in Germany after serving a sentence for desertion, the U.S. military said.
Spc. Agustin Aguayo, 35, of Los Angeles was convicted at a court-martial in March of desertion and lesser charges and was sentenced to eight months in prison, well short of the possible maximum of seven years.
Agauyo, who had been held since September, was released early because he received credit for time already served, said U.S. European Command spokeswoman Lt. Col. Elizabeth Hibner.
Elsa Rassbach, whose antiwar group American Voices Abroad has assisted Aguayo, said his release was bittersweet.
"Even though he's free, the decision against him was unjust in our opinion, because he is a legitimate conscientious objector," she said.
Neither Aguayo nor his Frankfurt-based attorney could immediately be reached for comment.
Aguayo was born in Mexico and holds dual Mexican and U.S. citizenship. The father of two said he joined the Army in 2002 to earn money for his education and never expected to serve in a battle zone.
He told the judge in his case: "I tried my best, but I couldn't bear weapons and I could never point weapons at someone."
Aguayo, who was with the 1st Battalion, 18th Infantry Regiment, served a year as a combat medic in Iraq after the military turned down his conscientious objector request. A U.S. federal court also rejected the claim.
Faced with the prospect of redeploying to Iraq, Aguayo fled his base in Germany but later turned himself in.
In addition to the prison sentence, the judge ordered that Aguayo be reduced in rank to private, forfeit his pay and receive a bad conduct discharge from the Army.