Army Medic Who Refused To Deploy Is Sentenced to Eight-Month Term
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

An Army medic who refused to return to Iraq because he believes war is morally wrong was convicted of desertion yesterday 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 Colonel Peter Masterton read out the sentence.
Aguayo, an American 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,” Mr. 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 Würzburg, 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 pleaded guilty to the lesser charges of being absent without leave and missing a troop movement, but he was unsuccessful in contesting the more serious desertion charge.
The judge found him guilty of desertion after Captain 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 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.