SAN DIEGO — A Camp Pendleton Marine accused of getting intercourse with a lacking 14-year-old woman present in his barracks believed she was in her early 20s, his protection attorneys argued Thursday.
An legal professional for Pfc. Avery Rosario mentioned throughout a short preliminary listening to in a army courtroom at Camp Pendleton that the Marine met the woman on Tinder, a relationship app for adults, the place her profile mentioned she was 21 years outdated.
The argument by the protection capped a short listening to wherein no witnesses have been known as, and far of the proof — which incorporates conversations on Tinder and Instagram — was not proven. The proof was filed immediately with the Marine colonel tasked with recommending whether or not Rosario ought to face court-martial for allegations of intercourse with a minor.
No determination was made Thursday. The prosecution and protection will every file additional arguments in writing, with the final due Aug. 25.
Rosario is charged with three counts of sexual assault and two prices of violating liberty restrictions — leaving base with out permission — based on prices base officers launched Tuesday. The costs point out the alleged crimes or violations occurred June 27.
The following day, army police at Camp Pendleton discovered the woman in a barracks. The army notified the county Sheriff’s Division, and the woman was reunited together with her household.
In accordance with the Sheriff’s Division, the teenager’s grandmother mentioned the woman ran away from dwelling June 9. She had run away on earlier events, however rapidly returned. With the teenager nonetheless unaccounted for on June 13, the grandmother reported her lacking.
The story of the lacking woman turning up on the bottom drew public consideration when the woman’s aunt posted a TikTok video alleging the woman had been trafficked.
Thursday’s listening to didn’t give a lot perception into the prosecution’s case. The prosecutor didn’t give a closing argument in the course of the listening to, opting to as a substitute deal with all of it in writing.
However certainly one of Rosario’s protection attorneys gave a closing argument within the small courtroom, the place a number of information reporters have been current.
Protection legal professional Capt. Katherine Malcolm mentioned her consumer had “a real perception that the lady he met on Tinder apps was 21 years outdated.” Malcolm mentioned the woman’s profile said, “I do know I look younger, however hey after I’m 30, I am going to appear like I am in my 20s.”
Malcolm mentioned associates of Rosario informed investigators they have been underneath the impression that the lady was in her early 20s. Not less than certainly one of them mentioned the woman informed him she was 22.
The protection legal professional mentioned the woman initiated the Tinder conversations with Rosario on June 26, and he or she additionally advised they transfer their dialog over to Instagram.
Malcolm mentioned the woman’s credibility is at challenge. She mentioned the woman informed investigators she spent the night time in a closet within the barracks, however Rosario’s roommate mentioned he discovered Rosario gone and the woman asleep in mattress, loud night breathing with the tv on, Malcolm mentioned.
The roommate kicked her out. She known as Rosario, who returned from a piece gathering and let her again into the room.
In accordance with the protection, the woman informed investigators she had been trafficked by a person named Hector for the final 12 months, and mentioned Hector was “pulling the strings.” She mentioned her “complete plan” was to get caught whereas on base, and that when she was discovered she can be lastly protected.
Malcolm mentioned the woman’s actions “weren’t the actions of any person trying to be rescued.”
Proof filed by prosecutors consists of the woman’s Tinder profile and conversations she and the Marine had on the app. Protection proof included direct messages between their consumer and the woman.
The Naval Prison Investigative Service questioned Rosario proper after the woman was discovered, then launched him to his command pending prices. Rosario is with Fight Logistics Battalion 5, 1st Marine Logistics Group.
Rosario was taken into custody Aug. 1. He remained in custody Thursday.
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