HOW AGUSTIN BECAME A CO

The habeas corpus was denied on August 24, 2006, and exactly one week later, Aguayo's unit in the 1st Infantry Division was to deploy once again to Iraq. He made it clear to his chain of command that as a conscientious objector, it was against his beliefs to participate in war in any form and he would not deploy. Check out Aguayo's official statement submitted in Federal Court as to why he would not deploy.

GOING AWOL

So after nearly three years of struggling with the US Army to be recognized as a conscientious objector, Agustin Aguayo went AWOL (absent without leave) on Sept. 1, 2006 and missed his unit's deployment to Iraq. The following day, September 2, 2006, he turned himself in to the MP station where his wife filmed his statement before turning himself in. Check out the film here!

BACK IN GERMANY - IN PRISON - MANNHEIM DETENTION FACILITY

On October 3, 2006 personnel from the 1st Infantry Division came to get Aguayo in California and took him back to Germany. He currently sits in pretrial confinement in Mannheim Prison, Coleman Barracks, Germany. Check out the story in Stars and Stripes!

THE FAMILY FIGHTS FOR AUGIE

Our twin 11-year-old daughters Raquel and Rebecca, Augie's mother Susana Aguayo and I work tirelessly campaigning anywhere and everywhere we are offered a platform. We demand his release and share Augie's story of courage and determination. We ask for the peace-movement to "adopt" Augie's cause. This turned out to be such a wonderful blessing for us! The peace community has uplifted us in our time of need and has received us with open arms. I speak outside the Watada court-martial, at a rally with our daughters in Santa Barbara, and The LA March Against the War.

DENIED AGAIN -CIRCUIT COURT OF APPEALS RULING

While in custody at Mannheim the Circuit Court of Appeals in Washington, DC. On February 16, 2006 issued a 19-page opinion upholding the denial of Augie's habeas corpus petition seeking a CO discharge.

MEXICO GETS INVOLVED

Susana Aguayo, Augie's mother travels to Mexico requesting that Mexico intervene on his behalf. Augie has dual citizenship and the Mexican government decides to get involved. They send a correspondent to view the court-martial. Official Mexican statement located here.

THE COURT-MARTIAL - CONVICTED

He sat in pretrial confinement until March 6, 2007 when he was court-martialed in the most serious type of court-martial -- a GENERAL court-martial. He was convicted of desertion and missing movement a conviction that could have left him 7 years in prison. He also was reduced to an E-1 (lowest rank possible) and forfeiture of all pay and allowances. However, the judge only sentenced him to 8 months and with good conduct time he was scheduled to be release April 18. Our attorney, David Court said, "“I believe that Agustín in his closing comments was compelling enough that the judge probably came to the conclusion ‘he thinks he’s a C.O. regardless of what the Army says and because he believes he is a C.O. that’s why he did what he did’. I suspect that the judge thinks he did not act with dishonor. It appeared that at the end the issue was what is the punishment for a conscientious objector who follows his conscience and not the dictates of the Uniform Code of Military Justice?” See the video of the press conference.

Amnesty International declares Augie a prisoner of conscience.

RELEASED FROM MANNHEIM - APRIL 18, 2007 - BUT NOT FREE

Augie was released from Mannheim TODAY! However, it is not a moment of rejoice. It could take the Army 12-24 months, from now, to discharge Augie. His case is not technically concluded until the Commanding General takes action (meaning he approves what happened at the court martial). And, because Augie got a bad conduct discharge in a general court-martial it goes through an automatic appeal process.

WHERE DO WE GO FROM HERE?

Essentially, he is still property of the Army and since he is still in the Army, he has to obey Army Regulations. For example he cannot protest in uniform. During this time he could potentially be charged with anything else. As it stands now he has two federal convictions meaning two felonies: one for missing movement and the other for desertion. We do not accept this. We demand that Augie be recognized as a CO and will continue to fight this in court. If needed, we will take it to the Supreme Court.

Augie's actions have inspired countless other soldiers. We have received many letters in support of Augie from soldiers in Iraq, as well as soldiers awaiting subsequent deployment orders and many other conscientious objectors in the military. I think Augie has done a great deal to stop this war and for that I have the most respect for him. He is an honorable man that stands by his convictions and follows through no matter what.

AUGIE IS FINALLY HOME!

He arrived May 18th and since has actively been working with at-risk youth. He is dedicated to informing young adults and youth about the other side not seen in military recruitment ads. For further information on informed enlistment, please visit: http://www.arlingtonwestfilm.com

As far as the family, the girls are ecstatic to have him back and I am more than thrilled! The excitement proved to be a little too much as I have been very sick and in and out of medical offices, doctors and hospitals. I guess, the stress finally caught up with me.

DENIED AGAIN?!?!?!!

June 7 the Circuit Court of Appeals denied a review of Augie's case. Now we get 90 days from that date to decide whether or not to go to the Supreme Court.

UPDATE -- NOVEMBER 5, 2007

Our lawyers will present our case to the Supreme Court. We are still fighting for Augie to be recognized as a conscientious objector. The court will hear our case and will decide if they will accept it. Annually they accept very few cases and we are hopeful they will accept ours. Please have us in your thoughts and prayers. And thank you for your support!

UPDATE -- March 17, 2008