Soldier gets 3-year prison term for kidnap hoax

2009-10-07 / News

FORT HOOD, Texas (AP) - A soldier who tried to fake his kidnapping by a Mexican drug cartel after he went absent without leave was sentenced Friday to three years in prison and dishonorably discharged.

As part of a deal in which Pfc. James Andrew Gonzalez pleaded guilty to desertion, violating a general order and obstruction of justice charges, a military judge instead of a jury decided his sentence.

The plea agreement also guaranteed Gonzalez the lesser of two sentences - the three-year term or the judge's recommendation, which was five years. The judge, Col. Gregory Gross, also sentenced Gonzalez to a dishonorable discharge, the most severe discharge; reduced his rank to the lowest in the military, a private; and ordered Gonzalez's pay and benefits stopped.

Gonzalez could have been sentenced to more than 22 years confinement.

During the court-martial, Gonzalez told the judge he went to Mexico, in July after a threeday pass to attend a court hearing in Corpus Christi. Gonzalez said he had no intention of returning to the Army, so he sent a text message to a soldier demanding $100,000 and the removal of border security, claiming to be a Mexican drug cartel member who had kidnapped Gonzalez.

He was captured unharmed 10 days later after a massive search involving several state and federal agencies.

Andrew Del Valle, an FBI special agent, said Gonzalez's hoax had long-term effects because some in the community had become too fearful to cooperate because they mistakenly believed the Mexican drug cartel had become even more powerful and started to kidnap law enforcement agents and military personnel.

Gonzalez never said why he fled, but at the time he faced military charges of impersonating a commissioned officer and wearing unauthorized insignia.

On Friday, Gonzalez pleaded guilty to those military charges. He also pleaded guilty to a third count of impersonating a commissioned officer, stemming from a November incident in which he called someone from his hometown and tried to impress him by saying he was a higher-ranking officer.

He also pleaded guilty to making false statements, stemming from a May incident in which he lied about moving so he could avoid an assignment; and two counts of failure to appear at a place of duty, stemming from skipping two required events in the spring.

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