A former California Highway Patrol assistant chief and his estranged wife were sentenced to six months of probation for their role in helping their son escape to Mexico during his rape trial in 2012.
Retired Fresno County Judge John Gallagher issued the sentence Friday, ending more than five years of legal drama for the Kyle Scarber, his wife Gail Scarber and their daughter Crystal Reynoso.
All were implicated in helping Spencer Scarber flee to Acapulco.
Spencer Scarber was eventually captured, convicted and sentenced to 35 years to life for the rape of a 35-year-old housekeeper at a neighbor’s home.
The Scarbers agreed in June 2018 to plead no contest to a felony charge of conspiring to commit a crime.
As part of that agreement, Judge Gallagher ordered Kyle and Gail Scarber to each perform 500 hours of community service and pay a total of $10,000 in restitution to the state of California for its criminal investigation.
Reynoso pleaded no contest to a misdemeanor conspiracy charge. She was ordered to perform 250 hours of community service.
Under the plea agreement, Kyle and Gail Scarber and Reynoso delayed their sentencing hearing until this month.
Once they completed their community service and paid the restitution, Kyle and Gail Scarber’s felony conviction was reduced to a misdemeanor and Reynoso’s conviction was dismissed, said their Fresno defense lawyer Roger Nuttall.
Judge Gallagher gave Kyle and Gail Scarber six months of misdemeanor probation, from July 19 to Jan. 1, 2020. During their probation they are not allowed to leave California, must submit to a person and property search and are not to possess any firearms and ammunition.
“It’s over,” Nuttall said. “It has been a long and painful ordeal for the family and now they can try and put this behind them with only misdemeanor convictions.”
Court records show Gail Scarber filed for divorce last May.
During the investigation of Spencer Scarber, police accused the Scarbers of concocting a phony story about their son being kidnapped outside their Squaw Valley home.
Detectives alleged that Gail and Crystal drove Spencer across the border where he dyed his hair, grew a goatee, used fake identification and disguised himself in hopes he would not be found.
The Scarbers have maintained that their son never received a fair trial.