Ex-CHP officer's family who helped son hide from rape trial faces judge

A former California Highway Patrol assistant chief and his soon to be ex-wife faced a judge on Friday, hoping it would be for the final time.

Kyle and Gail Scarber, along with their daughter Crystal Reynoso, pleaded "no contest" last year to helping their son skip out on a rape trial by hiding him in Mexico.

The family agreed to the plea deal a year ago - but the case that's been ongoing since 2012 isn't over just yet.

The three had hoped the judge who made this deal with them would finalize it on Friday. But he wasn't able to attend and they didn't want another judge signing off on the sentence.

A lot has changed in seven years - and the one-time tight-knit family, who prosecutors said conspired to help their son Spencer get out of a rape trial, is no longer together. Gail petitioned for divorce last year from Kyle. But the punishment for the crime they all pleaded has yet to fully be resolved.

Marguerite Melo, Kyle Scarber's attorney, said, "He has done everything that was required of him to be able to be passed this and get this behind him. And it's unfortunate and very frustrating that we couldn't do this today because we've had so many hearings and been back so many times."

As part of the terms of the plea agreement, Kyle and Gail had to complete 500 hours of community service. On Friday, both of their attorneys said the work has been done. They were also ordered to pay $10,000 in restitution to cover the cost of the investigation.

The case is complicated since the judge who made the plea deal is retired and has already worked the maximum number of days per year allowed by a visiting judge. Unless special permission is granted, he may not be able to finish out the case. ABC30 legal analyst Tony Capozzi said returning to the original judge is often preferred.

"Since Judge Gallagher heard this case before, understands the facts, and he gave an indication of what the sentence should be- it's always best to go back to that judge," he said.

The Scarbers say they are looking forward to moving on after a very long and difficult several years.

They will return to court on July 19. They are hoping to wrap up the case then once and for all.
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