
Lance Cpl. Michael A. Pereira, whom investigators described as the "mastermind" in the killing, faces life in prison with the possibility of parole in 10 years if his plea was accepted today by Lt. Col. William Hollerich, who is presiding in the general court-martial at the Marine Corps Base Hawaii in Kaneohe.
Pereira, a 22-year-old field radio operator from California who enlisted in 1992, was charged in the May 7 death of Lance Cpl. Juan Guerrero, 20.
Guerrero was bound with tape, taken to a remote area along Nuuanu Pali Drive and shot in the head, according to testimony and legal documents. His decomposed body was found in June.
Pereira pleaded guilty to all the charges against him, including premeditated murder, kidnapping, robbery, aggravated assault and several conspiracy counts, said Marine spokesman Capt. John Milliman.
He had confessed to enticing Guerrero to his house to meet women, beating him with three other Marines and then using a stun gun on the victim before taking him to his death.
One of the other Marines, Lance Cpl. Darryl A. Antle, 22, pleaded guilty last week to firing the fatal shot and was sentenced to life in prison with the possibility of parole. He said the killing occurred because Pereira felt Guerrero "had disrespected Pereira and his wife."
Both of the defendants could have faced execution by lethal injection, but the final decision not to try them on capital charges was made by Brig. Gen. David Bice, the base's commander.
Because the principals in the case were not charged with capital crimes, it appears unlikely the two remaining defendants - Lance Cpls. William J. Baer and Alejandro Soto - will when their courts-martial begin next month.
Prosecutor Keith Kaneshiro, who favors the death penalty, transferred jurisdiction of the case to the military in June, saying it had the "ultimate penalty for the ultimate crime."
Hawaii did away with the death penalty in 1957.
The prosecutor yesterday said he agreed to the transfer after two military legal officials came to his office and asked to handle the cases, assuring him that they would seek the death penalty.
"They said that capital punishment was available in the military and it was not available in the state," he said. "Because I said, give me a reason why I should transfer the case. And that was one of the reasons why, so I made that as a condition."
A second condition was that Honolulu police remain involved in the investigation, he said.
Kaneshiro said he has not been told the rationale for the military's actions. He said he still believes execution should have been sought.
But Milliman, while expressing his high regard for Kaneshiro, said the military did not go back on its word.
"I don't know what to make of that," he said. "I'm sure he is disappointed, and that's a legitimate reaction, but there were no agreements made or conditions accepted other than we all seemed to agree that it was appropriate for the Marine Corps to take the case."
Milliman said a person in a capital case cannot plead guilty under the military justice code, so "there was only one way to go" when the defendants asked to enter pleas.