Arrest warrant out for US Marine in Laude murder case

Published December 16, 2014 4:37pm

The Olongapo Regional Trial Court on Tuesday afternoon issued a warrant for the arrest of US Marine PFC Joseph Scott Pemberton.

Pemberton is facing a murder charge before Branch 74 for the killing of Filipino transgender woman Jeffrey "Jennifer" Laude in October.

Pemberton was last seen with Laude shortly before she was found badly beaten up and dead inside the toilet of an Olongapo City motel.

Agencies that can execute the arrest have been giving copies of the warrant issued by, GMA News' Rida Reyes said in a report over GMA News TV's Balita Pilipinas Ngayon.

Since Pemberton is accused of the crime of murder, the Olongapo City Prosecutor recommended no bail. Pemberton is currently being held inside a facility at Camp Aguinaldo.

With the warrant of arrest now pending, the Department of Foreign Affairs said the Philippine side would now ask the US to turn over custody of the accused US serviceman.

"We welcome the progress made so far on the case, and as we stated earlier, we will now formally seek custody over the accused PFC Joseph Scott Pemberton," said DFA spokesman Charles Jose in a statement.

Justice Secretary Leila de Lima said the government would push for sole custody.

"The Philippines will now insist on the custody [of Pemberton]. Lalo na kung a warrant of arrest is issued," De Lima said.

De Lima said authorities now have to determine where to transfer Pemberton from his current detention cell inside Camp Aguinaldo in Quezon City.

Custody issues

Pemberton is currently under the custody of US authorities. He was transferred several weeks back from the US Navy ship USS Peleliu in Subic to a US facility in Camp Aguinaldo in Quezon City.

"This is a welcome development. We expect Pemberton on a local jail under jurisdiction of the RTC Olongapo," said private prosecutor Harry Roque, the legal counsel of the Laude family.

However, the Embassy of the United States in Manila earlier Tuesday asserted its custody over Pemberton after the filing of the murder charge against him.

"The United States has a right to retain custody of a suspect from the commission of the alleged offense until the completion of all judicial proceedings," the US Embassy said in a statement posted on its website.

The embassy cited the Visiting Forces Agreement that covers the conduct of joint military exercises between the Philippines and the US in the country. Pemberton was a participant in a joint military exercise in Subic and is covered by the VFA.

"The United States will continue to work closely with the Philippine government to help ensure justice is served and the rights of all persons are protected," the embassy statement read.

"The United States will continue to cooperate with Philippine authorities in this case," it added.

A spokesperson for the Armed Forces of the Philippines said it was prepared to transfer Pemberton to another facility if the court told them to do so.

"Whatever we are told to perform, we will readily comply," AFP spokesman Col. Restituto Padilla told reporters in an interview on Tuesday.

Treachery, suffering

In its resolution finding probable cause for the charge of murder, the Olongapo City Prosecutor's Office said there was treachery in the killing of the Filipino transgender woman.

"A sudden attack against an unarmed victim constitutes treachery.... The means employed by Pemberton show it was employed to discount any possibility of retaliation or escape," read the resolution.

The ruling said that the abrasions, bruises, and contusions on Laude's body showed "how greatly she suffered in the hands of her attacker."

"He did not stop at badly beating her up and choking her. He made sure she suffered to her death. He deliberately and repeatedly plunged her head down the toilet until she breathe her last," read the resolution.

The resolution also adverted to evidence gathered from the US side.

It said that Pemberton was quoted as telling a US corporal, "I think I killed a he/she."

Evidence gathered by the US Naval Criminal Investigation Service or NCIS also showed that Pemberton's fingerprint was on one of the condom wrappers found at the scene of the crime. —Patricia Denise Chiu and Mark Merueñas/NB/RSJ, GMA News

Tags: josephscottpemberton, jeffreylaude, jeffreylaudekilling, jenniferlaude