A US Marine was found guilty of killing a transgender woman in the Philippines on Tuesday and sentenced to six to 12 years in prison, closing a case that has reignited debate about the American military’s presence in its former colony.
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“The accused, US Marine Lance Corporal Joseph Scott Pemberton, was given equal opportunity to defend himself before a court of law”.
Pemberton was originally charged with murder but this was downgraded to homicide because of the absence of any aggravating circumstance.
Pemberton was sentenced to 6-12 years imprisonment and ordered to pay the Laude family at least P4.5 million for various damages.
After the court clerk spent three hours reading Judge Roline Ginez-Jabalde’s summation, USA and Filipino authorities argued for another three hours over who should take custody of Pemberton. Under the US interpretation, those proceedings aren’t complete until all appeals are exhausted.
Pemberton was detained aboard the U.S.S. Peleliu and later at the Armed Forces headquarters at Camp Aguinaldo in Quezon City, pending the investigation. “If this is upheld through the appeals process, then the Philippine authorities will have jurisdiction over him”.
“I am confident that the decision will not in any way affect the bilateral and diplomatic relationship of the Philippines and the United States”, Drilon said in a statement. The US acquired the Philippines from Spain after the Spanish-American War of 1898. Those had been the largest USA air and naval facilities in East Asia.
Daniel Smith was convicted of rape in 2006 and sentenced to 40 years in prison, many Filipinos were outraged that he was detained at the U.S. Embassy rather than a Philippine prison.
The court entered a not guilty plea for Pemberton after he refused to enter any in connection with the killing.
“But the important thing is he will be jailed”, she told The Associated Press. “My son’s life is not wasted”. “We are not contented with the decision”, said Laude’s sister, Malou. Pemberton participated in a joint military exercise in the Philippines, and during one of his breaks, he went clubbing one night, and it all went downhill from there.
The cause of death was determined by officials as drowning.
Pemberton, 19, from Bristol, Massachusetts was an anti-tank missileman assigned to 2nd Battalion, 9th Marines, out of Camp Lejeune, North Carolina.
The decision failed to satisfy the victim’s mother, Julita Laude (inset), who appeared haggard and with little sleep at the packed court room. He said he had acted in self-defence after he discovered that a man was giving him oral sex, not a woman.
Pemberton admitted in court to choking – but not killing – Laude.
Pemberton was in the Philippines in 2014 for joint military exercises.
The crowd had dispersed by the time the standoff was over.
The Philippines has been relying on Washington for support in its efforts to boost its military capability amid a territorial dispute with China.
This changed after the judge allowed the filing of a motion for clarification by the Visiting Forces Agreement Commission. Pemberton, experts say, can even file for bail.
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The court quoted Dr. Reynaldo Dave, PNP Medico-Legal Officer, who said that the discharge coming out of the victim’s mouth due to accumulation of fluids in the lungs.
