After reviewing items from Google search inquiries and a handwritten “goodbye letter” at a hearing Monday, United States assistant attorney Adam Hapner said there was probable cause a Gainesville man was guilty of cyberstalking.
Magistrate judge Midori A. Lowry agreed, and said the government provided probable cause Pemberton had committed an act of cyberstalking.
Forrest Kendall Pemberton was arrested by the FBI on federal stalking charges Dec. 28 for allegedly plotting an attack on a major pro-Israel organization in Plantation, Florida.
While Pemberton and his attorney, federal public defender Darren Johnson, waived Pemberton’s right to the identity and detention hearings scheduled Monday, they agreed to proceed with the preliminary hearing.
A preliminary hearing acts as a “mini-trial,” according to the Offices of the United States Attorneys. The prosecution examines witnesses and evidence to determine if there is probable cause the defendant committed the offense.
Jason Francis, Alachua County Sheriff’s Office and FBI task force officer, was called up as a witness Monday morning. He has been a law enforcement officer for 21 years and part of the Joint Terrorism Task Forces for over a decade.
The first piece of evidence Francis was asked to review was a copy of the letter Pemberton’s family found upon his disappearance. Francis said the letter was discovered by Pemberton’s family Dec. 23, and he’d gone missing more than 24 hours before.
Francis said it was a “goodbye letter,” in which Pemberton addressed his parents, brother and other family members with a sense of finality.
“It pains me to write this, and to leave so suddenly without warning,” the letter read.
The letter contained multiple references to “breaking the loop” and addressing the flaws of modern-day life, Francis said. In the letter, Francis said Pemberton asked not to be reported missing.
In the hearing Monday, Francis was also asked to review several screenshots of Pemberton’s alleged search history, which Francis said contained phrases referring to the American Israel Public Affairs Committee, which has an office in Plantation.
His Google search inquiries also included mentions of notable figures such as BlackRock CEO Larry Fink and Stephen Schwarzman, CEO of the Blackstone group. Both are high-influence billionaires with Jewish backgrounds. It’s unclear if that’s why they were targeted in Pemberton’s search.
In addition to his search history, Francis was asked to review Pemberton’s ATM transactions from machines in Plantation.
After claims from Pemberton’s family that he was missing on Dec. 22, Francis said law enforcement began attempts to locate him the following day.
Using geolocation and rideshare information from Pemberton’s cellphone, Francis said officers were able to pinpoint his location to a hotel in Tallahassee, which he left by rideshare.
Officers then performed a traffic stop on the rideshare vehicle, during which they were able to make contact with Pemberton, Francis said.
On him at the time were a backpack, an AR-15 style rifle, an automatic pistol and four magazines of ammunition for each, which Pemberton turned over voluntarily, Francis said.
He said Pemberton’s father drove to Tallahassee to pick up his son, while the weapons were maintained by the FBI.
On Dec. 26, Francis said he and other law enforcement officers interviewed Pemberton at the Gainesville Police Department, where Pemberton admitted to searching the internet for organizations that had a large influence on the public, ultimately landing on the office in Plantation due to its convenient location.
Francis said Pemberton shared a plan to volunteer to work with the organization in order to gain access and return at a later date to cause harm.
However, upon arriving at the office, Pemberton found the building vacant and decided to turn back, Francis said.
He then went to Tallahassee on his way to drop off a rifle to someone in Alabama, Francis said.
In his closing argument, U.S. assistant attorney Adam Hapner said in order to be proven guilty of federal cyberstalking, the defendant must have used an electronic communication device with the intent to intimidate or cause harm and attempted to cause emotional distress.
Hapner said Pemberton’s family members had described him as antisemitic, and Pemberton “admits in the letter he’s anti-authority.”
Amid the ongoing investigation, Hapner said there was “more than enough evidence submitted” to say there was probable cause. Hapner said Pemberton’s actions seemed like an act of domestic terrorism.
Public defender Darren Johnson, who represented Pemberton, chose not to give a closing argument.
Magistrate judge Midori A. Lowry said the pattern of Pemberton’s plans, if known, would be expected to cause distress. Pemberton will be transferred to the Southern District of Florida federal court system for further hearings and will be held in custody of the U.S. Marshals.
Contact Bailey Diem at bdiem@alligator.org. Follow her on X @BaileyDiem.
Bailey Diem is the Fall 2024 Metro Editor at The Alligator. She spent previous semesters reporting for The Alligator's University and Metro desks. In her free time, Bailey enjoys playing guitar or getting lost in a book.
