Aquayo had filed for conscientious objector status before being deployed to Iraq in 2004. His petition was wrongfully denied by the military and he was forced to flee from a back bedroom window of his home in Germany rather than return for a second time.

Since then he has been planning the best time and place for his surrender to face any consequences which may result from his act of conscience. “When you know better you do better,” he says, “therefore, this time I will not deploy.”

Aguayo is very clear about his position of refusing to participate in an illegal war or to be responsible for the death of other human beings. “I am not a coward and I am not a deserter”, he asserts. The consequences of a court martial and the possibility of spending time in prison are preferable to participating in something that he sees as wrong and immoral.

According to Aguayo, many soldiers in Iraq are coming to the same conclusion, and he has gotten support from many. “The soldiers are not stupid,” he says, “they see that they were lied to.” According to him many still feel obligated, for various reasons, to continue where they are, but ultimately there is a lot of change in the military.

As of Friday morning word has been received that he is being sent back to Germany and then to Iraq to face a court marshal there.