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Murder complaint filed vs. US Marine in transgender slay case


(UPDATED 5:08 p.m.) A complaint for murder was filed Wednesday afternoon against the US Marine implicated in the killing of a Filipino transgender woman in Olongapo last weekend.

The charge was lodged at the Olongapo City Prosecutor's Office against Private First Class Joseph Scott Pemberton, radio dzBB's Allan Gatus reported.
 
Human rights lawyer Harry Roque Jr. represented the family of victim Jeffrey Laude, the report added.
 
 

A sister of the victim, identified as Marilou Laude, was also at the prosecutor's office during the filing of the complaint.

A report by Emil Sumangil on GMA News' "24 Oras" said Marilou was the private complainant in the case.

Her lawyer said there was enough basis for Pemberton to be charged with murder as the evidence indicated that he used force and intended to kill Laude when the victim's face was pushed down a toilet.

Among the documents submitted to the prosecutor's office was a sworn statement executed by a witness, identified only as Barbie, who was reportedly with Laude and Pemberton when they arrived at the Celzone Lodge in Olongapo City.

A roomboy, who was posted a few away from the room Laude and Pemberton used, also submitted an affidavit that was presented to the City Prosecutor Emilia Delos Santos.

Members of Laude's family, police officers including case investigator SPO3 Tyrone Tecson, and witnesses were present at the prosecutor's office for the filing of the complaint.

Roque said the prosecutors would conduct a preliminary investigation to determine whether there was probable cause to charge Pemberton in court.

During preliminary investigation proceedings, Pemberton will have the opportunity to present evidence contrary to those presented by the complainant.

Laude, who also used the name Jennifer, was found dead inside the toilet of an Olongapo City motel room late Saturday night. The victim was last seen with a foreigner.

They were said to have met at a bar before proceeding to the motel.

The Philippine National Police on Monday identified Pemberton as the suspect in the killing.

Pemberton is a member of the US Marine Corps 2nd Battalion 9th Marines. He is now detained along with unidentified US Marines who will serve as witnesses to the incident on the USS Peleliu, which was barred from leaving the Philippines after the slay.
 
The suspect was positively identified by witness Mark Clarence Gelviro through a photo line-up process, the PNP has said.
 
Under the Visiting Forces Agreement, which governs the conduct of US troops involved in joint military exercises in the Philippines, American soldiers that figure in a crime in the country would be placed under the custody of US authorities.

The case, however, would be under the jurisdiction of the Philippine government.

The US side, under the VFA, is duty-bound to present the implicated American soldier during case proceedings.

Retired Gen. Eduardo Oban, executive director of the Presidential Commission on the Visiting Forces Agreement, on Tuesday said the Philippine government would insist on the custody of Pemberton after formal charges have been filed against him.
 
Six US military ships currently in the country were barred by the US Pacific Command from leaving the country following Laude’s killing.The ban was lifted on Tuesday, except for the Peleliu.
 
The five ships have been given diplomatic clearance to exit the Philippines and could depart by Friday, Oban said.  —Joel Locsin/NB, GMA News

Tags: jeffreylaude, josephscottpemberton, transgenderkilling
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