Scarber is back in jail but still claiming innocence

FRESNO, Calif.

His father, an assistant CHP chief, and his mother and sister are also in custody.

Deputies say Spencer Scarber was taken into custody on Thursday in Mexico. Investigators say he was captured by immigration officials and when he was taken into custody he was a man with a different looking appearance.

Only Action News cameras were there when a handcuffed Spencer Scarber was taken into jail by Fresno County Sheriff's Deputies.

The 20-year-old convicted rapist didn't have much to say, but in his booking photo taken Saturday, you can see he looks very different from this photo released by authorities a month ago. On his first night in jail, he still maintained his innocence through an attorney.

Defense Attorney Antonio Alvarez said, "He is very insistent that he didn't commit a rape and he still wants to fight that. I know he was convicted in his absence but his story hasn't changed. "

Fresno County Sheriff Margaret Mims says Scarber faces 32 years to life in prison.

She also explained how he was caught.

Mims said, "He was in custody because of a lack of documentation from Mexican immigration officials and they weren't sure who he was, he didn't have the proper paper work and that's why he was being held."

Now Scarber's mother, father and sister are also in jail, facing felony charges.

In December spencer's father Kyle, an assistant chief with the CHP's central division reported him missing. He was booked on charges including being an accessory in filing a false police report.

Investigators say his mother, Gail and sister Crystal also helped him evade authorities. Detectives believe Gail even had false papers prepared for Spencer, including a fake birth certificate and a fake passport.

"They are going to be considered an escape risk so the places they will be held in the Fresno County Jail will be separated from the general population because of their connection with law enforcement," Mims said. Both Gail and Kyle's bail is set at more than $100,000 each.

Assistant chief Kyle Scarber is also under an internal investigation by California Highway Patrol.

Spencer Scarber is now facing a life sentence in prison, so he won't be able to bail out of jail,

Spencer's defense attorney said his client could make a court appearance as early as Wednesday or Thursday.

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