OCEANSIDE, Calif. (KGTV) — A Camp Pendleton Marine accused of sexual assault of a minor appeared for a preliminary hearing in military court Thursday morning.
The hearing for Pfc. Avery Rosario ended around 10:30 a.m., and it lasted about two hours. Rosario faces charges including three counts of sexual assault and two "breach of restriction" counts.
Cameras weren't allowed inside the courtroom, but ABC 10News did capture video of the defendant being escorted into the courthouse. A sketch artist provided drawings as well.
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During the hearing, Rosario's attorney laid out his account as to how he met the teenager.
She said during the hearing the two met on the dating app Tinder, and he thought she was 22 based off of what she repeatedly told Rosario and what her public profile said. His attorney also said the teen initiated the direct conversation with Rosario, and during these conversations, she also suggested they "spend the night together."
She went on to say after those conversations, Rosario did pick up the girl, and they had consensual sex at his barracks while his roommate was in the room. The attorney then said Rosario left her there because he had to attend a work party. The attorney also said Rosario's roommate kicked the girl out because he didn't want to get in trouble for having a guest on base, and that's when Rosario let her back into his barracks.
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The prosecution presented its side as well, laying out evidence they've sent over to the preliminary hearing officer, including a restraining order, photos of the victim, tinder conversations and a map signed by Rosario.
The preliminary hearing officer will weigh both accounts, and he'll send over a recommendation to the Marine's chain of command. Next, the regimental commander will decide whether these charges will be sent to the court martial.
