- The Fresno Bee
Tuesday, Mar. 19, 2013 | 08:54 PM
New facts about convicted rapist Spencer Scarber's escape to Mexico surfaced in a felony criminal complaint that names his parents and sister and was filed Tuesday in Fresno County Superior Court.
A fraudulent Texas driver's license and false birth certificate were created for Scarber, 20, of Squaw Valley. He had false identification with the name Brandon Smith while he was in Mexico.
In addition, the complaint states his mother, Gail Scarber, bought two prepaid international telephones at a Target store in February. The complaint also states one or more family members ran computer searches about Mexico and crossing the border between Dec. 11, 2012 -- the day before Spencer Scarber was discovered missing -- and Dec. 19, 2012.
Spencer Scarber was arrested last month in Acapulco for furnishing false identification to Mexican authorities. He was returned to Fresno on Feb. 16.
The complaint against his father, Kyle Scarber, 49, Gail Scarber, 51, and sister Crystal Reynoso, 34, charges the three family members as felony accessories in getting Spencer Scarber to Mexico. They also face felony counts of conspiracy and aiding in Spencer Scarber's failure to appear in court.
The three are scheduled to appear in court Wednesday for arraignment.
But the allegations of accessory, conspiracy and aiding Spencer Scarber's failure to appear should be combined as one count because the same facts are alleged in each, said Marshall Hodgkins, who represents Kyle Scarber. Charging them with three felonies is "stacking," a legal strategy to make the case against them appear more severe.
However, Hodgkins said, "I haven't seen one police report yet."
Gail Scarber also faces additional felony charges of forgery for allegedly manufacturing a false birth certificate and forging a seal of the Orange County Recorder's Office.
And Kyle Scarber, an assistant chief for the California Highway Patrol in the Fresno area, was charged with filing a false police report, a misdemeanor, for reporting his son missing after the family's car reportedly crossed into Mexico.
"Kyle Scarber said he knew nothing about Spencer's disappearance," Hodgkins said.
A car registered to Kyle and Gail Scarber entered Mexico at the San Ysidro border crossing at 3:24 a.m. on Dec. 12, 2012, the complaint states. At 4:44 a.m. Gail Scarber and Crystal Reynoso walked into the United States at San Ysidro.
A car that belongs to the Scarber family was found in an impound yard south of an Arizona border crossing last week, Fresno County Sheriff Margaret Mims said.
Spencer Scarber faces 70 years in prison after a jury convicted him in December of rape-related counts and robbery, days after he fled to Mexico. His sentencing is scheduled for next month, although he is now seeking to fire his defense attorney, which could delay it.
