By Milt Sosin

An 81-year-old Cuban exile reluctantly pleaded no contest yesterday in Federal Court to possession of an unregistered military bazooka, saying, "I am a patriot, not a criminal."

He was immediately placed on probation by U.S. District Court Judge Joe Eaton.

Zacarias Acosta, former mayor of Regla, a fishing town across Havana Bay from the Cuban Capitol, had wanted to stand trial on a four-count indictment charging possession and sale of contraband arms.

But two sons and a daughter who accompanied him to court persuaded the silver-haired defendant to forego the rigors of trial and enter the plea. This was after Judge Eaton had flatly stated that no matter what the outcome, he had no intention of sending an 81-year old man to prison.

Melvyn Greenspahn, attorney for Acosta; the defendant's daughter, Margarita Hernandez, and his two sons, Roberto and Pedro, explained to the aged man that if he pleaded guilty to one count of the four-count indictment, the other three would be dropped. And he would not have to serve a day in jail.

But the word "guilty" was the stumbling block. "All I'm guilty of is being a patriot - in loving Cuba," said Acosta.

Then Greenspahn suggested that Acosta could plead "no contest," meaning he did not challenge the charge. Eaton accepted that plea and judged Acosta guilty after a government agent testified to establish sufficient evidence for the charge having been brought.

Before accepting the plea, the judge, through and interpreter, determined that Acosta knew his constitutional rights.

Then he placed him on probation for 18 months with the warning that if he ever again trafficked in arms, he would be sentenced to federal prison despite his age.

Earlier in the proceedings, Judge Eaton asked Assistant U.S. Attorney Harold Keefe, the prosecutor, what he would recommend as punishment if a trail were held and the aged man was convicted.

Keefe replied instantly, "The government would recommend probation."

Acosta, who lives at 3460 NW 17^th Ave., was arrested November 16 by federal agents at a building two blocks away which was the headquarters of a Cuban exile group.

He was charged with attempting to sell a machine gun to an undercover agent, and with possession of a World War II bazooka, 42 phosphorus bombs and a device to simulate artillery fire.

Before placing Acosta on probation, Judge Eaton asked him if he knew he could be sentenced to up to 10 years in prison on the one count.

The defendant replied, "I'll never live that long," to which Eaton said, "Oh, I think you will, but if you are caught with military arms again, you'll live it in jail."

Acosta said later, out of the courtroom, that the contraband arms belong to another Cuban patriot who was caught trying to infiltrate Cuba and is now in a Castro prison minus an arm.