Interesting turn of events.
President Duterte granted an absolute pardon to United States Marine Private First Class Joseph Scott Pemberton for the homicide of a transgender woman.
(Note: He may be a Lance Corporal, I see conflicting accounts on that point.)
While on a fleet exercise in the Philippines, Pemberton picked up what he evidently mistook for a “real” woman. And when they got to the motel and Pemberton saw a penis instead of a vagina, he flipped out and drowned the victim in a toilet.
I do agree with Pemberton being convicted of homicide rather than murder under Philippine law, as the act was committed in the heat of anger, not premeditated.
However, I oppose this pardon deeply. Pemberton should have served the full ten years of his sentence, rather than just a little over half. He committed a serious crime and should have served the full sentence.
Pemberton’s future is uncertain. He has been serving his sentence in the custody of the United States Navy at a U.S. facility in the Philippines. He likely will quickly be deported to the United States, where he will revert to the custody of the United States Marines, of whom he is still a member.
I suspect they will want to get rid of him quickly.
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They may find something to charge him with that includes the possibility of a Dishonorable Discharge or Bad Conduct Discharge.
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They may simply administratively discharge him under other than honorable conditions.
The Marines could charge him with manslaughter. As the Philippines is a separate sovereign, double jeopardy does not apply.
10 U.S. Code § 919 - Art. 119. Manslaughter
(a) Any person subject to this chapter who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct.
(b) Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being—
(1) by culpable negligence; or
(2) while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of section 918 of this title (article 118), directly affecting the person;
is guilty of involuntary manslaughter and shall be punished as a court-martial may direct.
