SAN DIEGO (AP) — A federal grand jury has indicted a former Marine on charges that he sexually assaulted an active-duty Marine at California’s Camp Pendleton.

The U.S. Attorney’s office in San Diego said Pedro Javier Orellana was arrested and appeared in court in Maryland on Wednesday. Orellana could not be reached for comment.

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A detention hearing will be held on Thursday to determine if the 23-year-old should be detained pending transfer back to San Diego.

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According to the indictment, Orellana sexually assaulted the female Marine on base on Nov. 2, 2014. The indictment says she “was incapable of appraising the nature of the conduct or physically incapable of declining participation in” the sexual act. It gave no other details.

Civilian prosecutors are handling the case because Orellana is no longer on active duty.

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