The East County teen who was found in the Camp Pendleton barracks after going missing for more than two weeks last summer, leading to a criminal sex-trafficking scandal, has been reported missing again.
The teen was previously reported missing on June 13 by her grandmother, who told deputies she was last seen her four days earlier, on June 9, when she had run away from home, the SDSO said at the time. PFC Avery L. Rosario was charged on Aug. 17 and will face a court-martial in the case. He has not yet entered a plea.
The girl, whose identity NBC 7 has not published, was most recently reported missing on New Year's Eve, according to Lt. David Ladieu, a spokesman for the San Diego County Sheriff's Dept. (SDSO), who said the case is ongoing.
SDSO has not revealed the circumstances around the teen's most recent disappearance.
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In June, the teen's grandmother told investigators that the girl had a history of running away, but the woman stressed it was for brief periods of time.
The morning of June 28, the then-missing 14-year-old girl was found in the barracks by military police. It's unclear how long she was there. During the Article 32 hearing, which was his initial court appearance, Rosario's defense team told the court the pair began interacting on June 26, more than two weeks after she ran away.
Jocelyn Stewart, the attorney representingRosario, shared a statement Monday with NBC 7 that reads:
"As a parent, my heart goes out to her family, who I imagine must be incredibly worried. We are sorry that this has apparently become a pattern of behavior. We are aware now of at least three instances of her going missing. If we learn that prosecutors were aware that she was missing but failed to disclose that information, we are confident that the courts will provide appropriate redress. Above all, we are deeply committed to ensuring that the military will uphold a defendant’s right to confront his accuser, particularly since our client has been confined since Aug. 1, 2023. Even before we knew of her apparent absence, we have been drafting a motion that requires her testimony at the hearing currently scheduled for Feb. 12."
NBC 7 reached out to the teen's family for details on her most recent disappearance, as well as to military prosecutors for a statement on the teen's current whereabouts, but has not received a response from either.
The Charges
Charges were referred to court-martial by Brigadier Gen. Andrew M. Niebel, the commanding general of the 1st Marine Logistics Group, according to Capt. Virginia Burger, communications director for the Camp Pendleton-based logistics group.
Rosario was first made aware of the charges when he appeared in a Camp Pendleton courtroom on Aug. 17, 2023, for an Article 32 hearing, the equivalent of a preliminary hearing in a civilian court.
At that August hearing, Rosario, accompanied by defense counselors Capt. Kate Malcolm and Capt. Mark Webb, listened as government prosecutors outlined 18 exhibit items for hearing officer Col. Douglas Hibshman, who remotely presided over the hearing. Once prosecutors concluded, Rosario's legal team presented most of its defense and version of the events, with some portions furnished to Hibshman in writing.
On Nov. 16, Rosario appeared for his court-martial arraignment, at which time he was read the formal charges and although he was given an opportunity to enter a plea, he chose not to. He remains in custody.
A 10-day window, from April 16-26, 2024, has been set for when the court-martial will be tried.
Rosario originally faced two preferred charges consisting of five total counts, all of which are alleged violations of the Uniform Code of Military Justice. He will face these same charges at his general court-martial.
According to the charging documents, military prosecutors outlined three specific counts in which they allege Rosario violated the first charge, sexual assault of a child who has attained the age of 12 years.
The allegations include three instances in which the Marine is accused of performing sex acts on a child between 12-16 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 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 allege that on June 27, Rosario left Camp Pendleton and went to San Diego in a non-government vehicle, both of which are separate allegations that led to a breach of restriction charge.
The liberty restrictions imposed on Rosario were related to a previous case unrelated to the teen 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 by a member of Marine Corps Base Camp Pendleton's Headquarters and Support Battalion on Aug. 4.
After being detained by base police on June 27, Rosario was placed on pretrial restriction from July 10 through Aug. 1, according to court documents. He has been in confinement since Aug. 1.
Investigation Timeline: Teen Found on Camp Pendleton
- June 13, 2023:
- A 14-year-old San Diego County girl was reported missing to the San Diego County Sheriff's Department by her grandmother
- The teen’s grandmother told the deputy her granddaughter ran away from home on June 9
- June 26-June 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 located the teen and informed the San Diego County Sheriff's Department
- Rosario was taken into custody for questioning
- July 2, 2023:
- Photos were posted online of Rosario being taken into custody
- Aug. 1, 2023:
- Rosario was 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. 14, 2023:
- Charges were referred to general court-martial by Brigadier General Andrew M. Niebel, commanding general of the 1st Marine Logistics Group
- Nov. 16, 2023:
- Rosario's arraignment will take place; Dates are expected to be set for general court-martial
- Dec. 31, 2023:
- Teen reported missing again from her home, for at least the second time
- Apr. 16, 2024:
- A 10-day court-martial trial is expected to convene
Previous Coverage
Rosario's Defense
Included in the defense's evidence presented at the August Article 32 hearing were exhibits provided by government prosecutors showing the teen's alleged Tinder profile, which they say was created under the pseudonym "Kayla." In addition, screenshots showed an Instagram profile with the same name and 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, Kayla initiated a conversation with Rosario and requested that the conversation move to Instagram. The teen provided Rosario with her Instagram username and allegedly told Rosario 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" who he thought was "Kayla," adding that Rosario was driven by another individual who then brought the girl and Rosario back to the barracks where, the defense claimed, "Kayla" and Rosario 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 her 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
At a news conference on Aug. 7, the teen's family 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.
Single junior Marines are generally assigned to a barracks in which most share a room with at least one other Marine. The rooms generally 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.
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 Teen Line provides peer-based support from trained teenagers who are available every evening to field calls and texts. Call 310-855-HOPE (4673) or toll-free at 800-TLC-TEEN from 12-4 p.m. ET or text TEEN to 839863 from 12-3 p.m. PT. Teen Line also responds to emails and has a message board.
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 suspect trafficking to also contact local police.
