A former California Highway Patrol assistant chief who helped his son flee to Mexico after a rape accusation is again asking the CalPERS board to let him keep his full pension despite his role in the crime.

Sheldon “Kyle” Scarber, 56, pleaded no contest in June 2018 to a felony conspiracy charge for his role in his son’s flight from the U.S. on Dec. 12, 2012.

The California Public Employees’ Retirement System slightly reduced Scarber’s $125,000-per-year pension as a result of the plea.

California law says workers can’t accrue retirement service credit if they are convicted of a felony arising from their normal job duties. A CalPERS benefit specialist adjusted Scarber’s pension to remove credit he accrued from the day of his son’s escape through his October 2013 retirement date.

Scarber is appealing the reduction to the CalPERS board, which is scheduled to make a decision next week.

Spencer Scarber, the former CHP officer’s son, was convicted on Dec. 14, 2012, of raping a 35-year-old housekeeper at a neighbor’s home in Squaw Valley and was sentenced to 35 years in prison.

Spencer Scarber was in Acapulco, Mexico, when a Fresno jury reached its guilty verdict. He had dyed his hair, grew a goatee and was using fake identification to try to avoid being found.

Kyle Scarber, along with his ex-wife and stepdaughter, were accused of helping Spencer Scarber escape. A CHP report said Kyle Scarber created a fake crime scene at his house on the night his wife, son and stepdaughter drove to Mexico and committed other work-related misconduct, including using his rank to seek favors at the Fresno County jail while his son was in custody.

They have said their son never received a fair trial.

The CHP sought to fire him based on the report but ended up allowing him to voluntarily resign.

Scarber last appeared before the CalPERS board in 2017, when he was appealing another decision from the system’s staff.

On Dec. 20, 2012, a week after aiding his son’s escape, Scarber’s doctor ordered him removed from duty at CHP due to work-related injuries. He used accrued sick leave and vacation days while he wasn’t working and retired in October 2013.

While on leave, Scarber applied for a disability pension, which is more generous than a typical pension because it is tax free. Employees and attorneys at CalPERS initially rejected the disability retirement application, saying Scarber left work due to misbehavior, not a medical condition.

But the CalPERS board in 2017 decided in Scarber’s favor, saying that since CHP allowed him to retire without discipline, the board lacked grounds on which to deny his disability retirement application.

The application was later granted.

Scarber’s felony was reduced to a misdemeanor last year after he performed community service and paid a fine. He is arguing now that since the charge was converted to a misdemeanor, his pension should be restored. An administrative law judge ruled against that argument last year.

Efforts to reach him Monday were unsuccessful.

This story was originally published February 11, 2020 at 6:00 AM with the headline "Ex-CHP chief who helped son flee to Mexico after rape charge wants his pension restored."