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Prosecutors in the Phillipine Islands today (Monday, Dec. 15) charged a U.S. Marine in the October murder of a transwoman.

According to the Associated Press, Prosecutor Emilie de los Santos found “probable cause” that Marine Pfc. Joseph Scott Pemberton attacked Jennifer Laude after learning she was trans. He has been in custody since shortly after the October incident.

“It’s murder,” de los Santos said after filing the charge against the 19-year-old Pemberton. “It was aggravated by treachery, abuse of superior strength and cruelty.”

Pemberton will not be allowed to post bail, she said. Murder is punishable by up to 40 years in jail, reported The Guardian.

“This is not an ordinary murder. This is heinous because she was beaten up,” the Laude family lawyer, Harry Roque, told reporters.

Pemberton and friends met Laude and other woman the night of the murder. According to witnesses, Pemberton and Laude checked into a motel, and Pemberton fled after he killed Laude.

Marine Lance Corporal Jairn Michael Rose was among those with Pemberton that night. He told prosecutors Pemberton admitted to the murder back at their ship.

“I think I killed a he/she,” Pemberton said, according to Rose.

The incident reignited a debate between the Philippines and the United States regarding custody of U.S. military personnel accused of crimes in the Phillipines. U.S. officials evenutally agreed to move Pemberton from custody aboard a U.S. Navy vessel into the custody of Phillipino officials.

The case is a haunting reminder to transgender activists of the case of  U.S. Marine Lance Cpl. Daniel Smith, who was sentenced to 40 years in jail in 2006 after being found guilty of raping a transwoman. He was, however, acquitted in 2009 after his accuser recanted her statement.