A former California Highway Patrol assistant chief and his ex-wife were sentenced Thursday to six months of probation for helping their son flee the country during his 2012 rape trial.
Kyle Scarber, who spent 22 years on the force, retired soon after his son, Spencer Scarber, was arrested in Mexico and deported back to the United States where he is now serving a 35-year sentence.
Spencer Scarber was arrested on rape and robbery charges after he broke into a neighbor’s home in July 2011 and raped a 35-year-old housekeeper. He disappeared in Mexico in December 2012, just before he was convicted, according to the Fresno Bee.
His father created a false story that his son had been kidnapped but surveillance video shows Scarber’s ex-wife, Gail Scarber, drove Spencer down to Mexico along with her daughter, Crystal Reynoso. Spencer had dyed his hair and was carrying a fake ID.
In addition to the six months probation, Kyle Scarber and his ex-wife Gail Scarber must perform 500 hours of community service and pay a total of $ 10,000 in restitution to the state of California for its criminal investigation.
Crystal Reynoso, the rapist’s sister who drove with her brother and mother to the border, was ordered to perform 250 hours of community service.
Once they complete their community service and paid restitution, Kyle and Gail Scarber’s felony conviction will be reduced to a misdemeanor
“It’s over,” said Roger Nuttall, attorney for the Scarbers. “It has been a long and painful test for the family and now they can try to leave this only with convictions for minor offenses.”
During their probationary period they are not allowed to leave California, they must search for people and property and must not possess firearms or ammunition.
The Scarbers have argued that their son never received a fair trial and a petition surfaced online a few years ago stating that the sex between Spencer Scarber and the housekeeper was consensual.