Joseph Scott Pemberton (Photo : Facebook)
The Olongapo Regional Trial Court Branch 74 found U.S. Marine Lance Corporal Joseph Scott Pemberton on Tuesday guilty of homicide, not manslaughter, for the death of a Filipino transgender woman.
CNN reports that the court took into account two mitigating circumstances that led to the death on Oct. 11, 2014, or Jeffrey or Jennifer Laude. The two met at a bar in Olongapo City. Pemberton thought Laude was a real woman so they checked in at a local motel.
They initially had oral sex, but when Pemberton found that Laude was a transgender woman with a male genital, he pushed her away because he felt he was raped by another man. Laude responded by slapping Pemberton which angered him and resulted in the marine choking Laude.
He claimed that when Laude was no longer moving, he brought her to the bathroom and poured water to revive her. A motel bellboy identified Pemberton as the companion of Laude that night.
The court sentenced Pemberton six to 12 years prison term at the National Penitentiary in Muntinlupa. He is presently detained at the Jusmag facility in Camp Aguinaldo under the custody of the U.S. government.
In declaring the crime to homicide, the court said that the prosecution did not established aggravating circumstances of treachery and abuse of superior strength which could lead to a murder conviction, reports Inquirer. The court cites Article 13 (6) of the Philippine Revised Penal Code that what happened was under "the mitigating circumstance of 'passion and obfuscation.'"
Prior to the sentencing, the lawyers of Pemberton have told media that if the marine is convicted, they would appeal the decision to a higher court. Laude has a German boyfriend whom she was supposed to marry and knew she was a transgender woman.
