After an hours-long delay in the start time of Tuesday's hearing, a charge brought against a local Marine was withdrawn, just one week before the expected start of his general court-martial.
The charge that was dropped was connected to an alleged sexual assault of a teenager found in his barracks on Camp Pendleton in late June of last year.
PFC. Avery L. Rosario, a Marine assigned to the Camp Pendleton-based 1st Marine Logistics Group, was referred to general court-martial last November, five months after the then-missing teen was found at Pendleton.
Pursuant to a plea agreement, however, military prosecutors re-referred Rosario to a special court-martial for a charge of "breach of restriction," Rosario's attorney Jocelyn Stewart confirmed Tuesday. The charge of sexual assault was not re-referred.
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Rosario pleaded guilty to the breach of restriction charge and each of its two specifications Tuesday afternoon: Admitting he left base without permission and did so in a privately owned vehicle on June 27, 2023, to meet the teenager.
At the time, Rosario had been placed on restriction following a positive result for THC (the active ingredient in marijuana) from a Marine Corps-issued narcotics screening test, Stewart confirmed.
In court Tuesday, Rosario admitted he knew what he did was wrong and said "earning the title of Marine is something I will always be proud of."
After serving more than twice the maximum sentence for the breach-of-restriction charge, Stewart told NBC 7, Rosario was released from confinement last Wednesday. The maximum sentence for a breach of restriction charge is forfeiture of two-thirds of monthly salary for one month and confinement for one month, according to the 2024 edition of the Manual for Courts-Martial.
The military judge at Tuesday's special court-martial hearing sentenced Rosario to a reduction of rank, forfeiture of two-thirds of pay for one month and time served for restriction. Additionally, Rosario agreed to be administratively separated from the Marine Corps.
Rosario also agreed to be discharged from the Marine Corps following this case. That will take place no later than mid-June, Stewart said. A Marine spokesman, however, said the process could take as many as 120 days.
After Tuesday's hearing, a spokesperson for the 1st Marine Expeditionary Force, Rosario's unit, shared a statement about the plea agreement, reading:
"On April 2, 2024, the convening authority for Private First Class Avery L. Rosario’s general court-martial approved a plea agreement put forward by the defense counsel. Select charges have been dismissed. The remaining charges were referred to a special court-martial on April 9, 2024. At the hearing, the accused pled guilty to Article 87b of the Uniform Code of Military Justice (breach of restriction). Under the agreement, Rosario was sentenced to time served and agreed to be administratively separated from the Marine Corps. As always, the command respects the legal process and the rights of all individuals affected by the case."
A family member of the teenager told NBC 7 Tuesday that they did not wish to make a statement following Tuesday's hearing.
Original Charges
Rosario originally faced two charges, which were based on five total counts, all of which were alleged violations of the Uniform Code of Military Justice.
According to the charging documents, military prosecutors outlined three specific counts in which they alleged Rosario violated the first charge, sexual assault of a child 12 or older. The allegations involved three incidents on or near Camp Pendleton on June 27, 2023. Additionally, the documents detail the prosecutor's belief that he violated liberty restrictions that same day.
Liberty restrictions limit where service members are allowed to go, 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 alleged that Rosario left Camp Pendleton and went to San Diego in a private vehicle.
The liberty restrictions imposed on Rosario were related to a previous case unrelated to the teen being found in the barracks, Capt. Charles Palmer, also a communications director for Camp Pendleton's 1st Marine Logistics Group, previously told NBC 7.
The preferred charges were filed Aug. 4 by a member of Marine Corps Base Camp Pendleton's Headquarters and Support Battalion, and were later referred to general court-martial on Nov. 14.
Investigation Timeline: Teen Found on Camp Pendleton
- June 13, 2023:
- A 14-year-old San Diego County girl is reported missing to the San Diego County Sheriff's Department by her grandmother
- The teen’s grandmother tells a deputy her granddaughter ran away from home on June 9
- June 26-28, 2023:
- Rosario and "Kayla" engage in messages on multiple social media applications, including Tinder and Instagram
- June 28, 2023:
- Military police at Camp Pendleton locate the teen and inform the San Diego County Sheriff's Department
- Rosario is taken into custody for questioning
- July 2, 2023:
- Photos are posted online of Rosario being taken into custody
- Aug. 1, 2023:
- Rosario is taken off of pretrial restriction and placed into pretrial confinement
- Aug. 4, 2023:
- Uniform Code of Military Justice charges are filed against Rosario
- Aug. 11, 2023:
- Camp Pendleton officials publicly announce charges have been filed
- Aug. 17, 2023:
- UCMJ Article 32 Hearing (initial appearance) set
- Nov. 16, 2023:
- Rosario's arraignment takes place; dates are set for general court-martial
- Apr. 3, 2024:
- Rosario is released from pretrial confinement custody
- Apr. 9, 2024:
- All parties agree to a plea agreement
Previous Coverage
Rosario's Defense Argument at His Preliminary Hearing
Included in the defense's evidence presented at Rosario's August Article 32 hearing were exhibits provided by government prosecutors showing the teen's alleged Tinder profile, which, they say, was created under the presumed pseudonym "Kayla."
Government prosecutors also shared screenshots showing an Instagram profile with the same name that had allegedly been messaging between Rosario and the teen, who the defense alleges was using those accounts.
Rosario's defense counsel acknowledged he was using Tinder and met a young woman named Kayla, who, on her application profile, represented that she was 21 years old.
"Kayla" and Rosario matched and began messaging back and forth, according to the defense. They added that on June 26, she initiated a conversation and requested that the conversation move to Instagram. She provided him with her Instagram username and allegedly told him to find her there.
Shortly after Rosario messaged "Kayla," she suggested the two get a hotel room together, the defense added.
Counsel also shared that Rosario admitted he eventually drove to meet the female who he thought was Kayla, adding that he was driven by another individual who then brought the girl and Rosario back to the barracks where, the defense claimed, the couple engaged in consensual sex.
The next morning, Rosario left his barracks and went to a work party, leaving "Kayla" in the barracks, where two other people, including an unnamed lance corporal, saw and spoke with her.
Rosario's defense counsel later brought up statements made by the victim while being interviewed by law enforcement, including one along the lines of, "When I got caught at the military base, that was my whole plan." She said her plan was “just to be found” and made comments that “I was finally safe."
During an interview with law enforcement, the teen allegedly claimed she was sex trafficked for the past year by a man named Hector and relatives, the defense counsel included in their closing argument.
Teen Found on Camp Pendleton
After the missing 14-year-old girl was found in the Camp Pendleton barracks by military police on June 28, the teen's family, on Aug. 7, said she had been "trafficked and raped" by the Camp Pendleton Marine.
At that news conference, Cassaundra Perez, the girl's aunt, expressed to reporters her frustration at what she called the lack of transparency of the investigation being conducted by the Naval Criminal Investigative Service and demanded more be done to protect indigenous 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, However, Marines or those with base access are allowed to bring a visitor on base and into the barracks, acting as their sponsor.
It remains unclear how long the girl was at the barracks, however. Rosario's defense confirmed the pair began interacting on June 26, more than two weeks after she ran away.
Single junior Marines are generally assigned to a barracks in which they share a room with at least one other Marine. The rooms typically have two single beds, a small refrigerator, an eating area, a desk, closet and wall lockers. The barracks also have common areas with pool tables and TVs.
According to the San Diego Sheriff’s Department, the girl's grandmother reported her missing 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's custody, according to the sheriff’s department.
The National Human Trafficking Hotline can be reached toll-free 24 hours a day at 888-373-7888. Support is available in more than 200 languages. The hotline can also be reached by texting BEFREE to 233733. Authorities urge those who
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