New documents obtained Tuesday by NBC 7 detail accusations against a Camp Pendleton Marine accused of sexually assaulting a missing 14-year-old girl found in the barracks.
The Marine's Article 32 hearing is scheduled for Thursday morning. An Article 32 hearing is the military justice equivalent of an initial appearance or arraignment in civilian criminal court.
Investigation Timeline: Teen Found on Camp Pendleton
- Tuesday, June 13, 2023:
- A 14-year-old San Diego County girl was reported missing to the Sheriff's Department by her grandmother
- The teen’s grandmother told the deputy her granddaughter ran away from home on Friday, June 9
- Wednesday, June 28, 2023:
- Military police at Camp Pendleton located the teen and informed the Sheriff's Department
- The Marine was taken into custody for questioning
- Sunday, July 2, 2023:
- Photos posted online of the marine being taken into custody
- Tuesday, August 1, 2023:
- The Marine was taken off of pretrial restriction and placed into pretrial confinement
- Friday, August 4, 2023:
- Uniform Code of Military Justice (UCMJ) charges are filed against the Marine
- Friday, August 11, 2023:
- Camp Pendleton officials publicly announce charges have been filed
- Thursday, August 17:
- UCMJ Article 32 Hearing (initial appearance) set
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Charges Filed
The Marine is now facing two charges, both of which are alleged violations of the UCMJ.
According to the documents, military prosecutors detail three specific violations related to the first charge, Sexual Assault of a Child who has attained the age of 12 years.
The allegations include three detailed instances in which the Marine is accused of performing sex acts against a child, between 12 and 16 years old, on or near Camp Pendleton on June 27, 2023.
Additionally, the documents detail the prosecutor's belief that the Marine, who was allegedly under liberty restrictions, violated those restrictions on the same day.
Liberty restrictions limit where service members are and are not allowed to go, or in what types of vehicles they are allowed to operate, if at all, and are typically issued as a punishment or as a form of pre-trial confinement.
Prosecutors allege that on June 27, the Marine left Camp Pendleton and traveled to San Diego and did so in a non-government vehicle, both of which are separate allegations that led to the breach of restriction charge.
The liberty restrictions imposed on the Marine were related to a previous case unrelated to the teen found in the barracks, Captain Charles Palmer, Communications Director for Camp Pendleton's 1st Marine Logistics Group, told NBC 7 last week.
The two charges were filed by a member of Marine Corps Base Camp Pendleton's Headquarters and Support Battalion on Aug. 4.
"After the preliminary hearing, the command will review all charges and evidence to determine whether the case should be tried by court-martial," Palmer said via email.
Preferred charges don't automatically result in the accused facing a court-martial or trial. The charges will have to be referred to trial, which is when the decision is made to formally prosecute the Marine.
Although military officials have yet to identify the Marine, the documents outline that he is a member of Camp Pendleton-based Combat Logistics Battalion 5, a subordinate battalion of the 1st Marine Logistics Group and has served in the Marine Corps for four years.
Military officials have not released any further information about the Marine, saying his name will not be released to the public until either charges are referred to court-martial or the name becomes part of the record at the Article 32 hearing on Thursday. Officials also declined to release his age or rank.
After being detained by base police on June 27, the Marine was placed on pretrial restriction beginning July 10 until Aug. 1, according to court documents. He has been in confinement since August 1, 2023.
Previous Coverage
Teen Found on Camp Pendleton
The 14-year-old girl was found by military police during the day on June 28; her grandmother had reported her missing on June 13. At a news conference last week, her family said the teen had been "trafficked and raped" by the Camp Pendleton Marine.
Cassaundra Perez, the girl's aunt, spoke to reporters on Aug. 7 to express her frustration at what she called the lack of transparency of the investigation being conducted by NCIS and to demand more be done to protect Native American children from sex traffickers.
All visitors are stopped by Marines at the entrance to the sprawling base and required to show authorization to enter the base. Marines are allowed to bring a visitor on base and into the barracks until a certain hour, which varies according to each building. It's unclear how long the girl was at the barracks or whether she was spotted by other Marines who reported her presence.
Single junior Marines are generally assigned to a barracks where most share a room with at least one other Marine. The rooms generally have two single beds, a small refrigerator, eating area, secretary desk, closet and wall lockers. The barracks also have common areas with pool tables and TVs.
It is also unclear how the girl and the Marine came into contact and whether they met online or in person.
According to the San Diego Sheriff’s Department, her grandmother reported her missing on June 13 and told authorities she had run away from home four days earlier. She told the deputy who interviewed her that the girl had run away before but only for brief periods.
The teen's information was entered into multiple missing person databases, including the National Center for Missing and Exploited Children, the sheriff's department said.
After she was found on base, authorities returned the girl to her grandmother, according to the sheriff’s department.
The Associated Press contributed to parts of this reporting.