Kyle Scarber posts bail in Fresno County Jail

FRESNO, Calif.

The 49-year-old is an assistant chief with the California Highway Patrol's central division. In December, he reported his son, a convicted rapist, missing.

Now that his son has been caught, Scarber is facing charges, including filing a false police report. Deputies also arrested his wife and daughter Saturday.

Action News gave Scarber a number of opportunities to give us his side of the story. Only Action News' cameras caught Kyle Scarber as he walked out of the Fresno County Jail. "I'm not going to say anything, thank you," Scarber said.

We gave the assistant CHP chief an opportunity to defend himself and his family members who are now facing felony charges.

Action news reporter Mariana Jacob asked "Would you like to comment, anything? Do you think you are a good example to law enforcement? Kyle, would you like to make a comment?" Kyle had nothing to say.

But on Sunday Scarber's defense attorney Marshall Hodgkins maintained that his client has a strong record in law enforcement.

Hodgkins said, "You have an individual who has been involved with law enforcement for literally decades and has shown his honesty and his integrity literally for decades and this is what I have to say...They better have their ducks in a row by that I mean the prosecutors and the law enforcement agency.

Fresno County Sheriff's deputies believe Kyle, his wife Gail and their daughter Crystal all helped 20-year-old Spencer Scarber - a convicted rapist - hide from law enforcement for two months.

His father Kyle, reported him missing and pointed detectives to blood marks. Investigators didn't buy it and say Gail even had false papers prepared for Spencer who was in Mexico, including a fake birth certificate and a passport.

Action News Legal Analyst Tony Capozzi said, "It could be federal charges, clearly it's a federal violation to submit false information for a passport or to obtain a passport and they're looking at a possible 5-year sentence in this case."

Capozzi says the family could face a long legal battle. CHP is conducting its own internal investigation in Kyle's role. Kyle's defense attorney tells action news he is expected in court early next month.

Deputies say Scarber's son spencer faces 32 years to life in prison.

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