Deseret Morning News, Thursday, February 05, 2004
Perceived attitude costly
Judge gives man prison instead of probation
By Linda Thomson
Deseret Morning News
A U.S. District Court judge
changed her mind in court Wednesday and rather than giving a man probation,
as she had announced earlier, instead sent him to prison for six months.
U.S. District Judge Tena Campbell
sentenced David James Yarbrough, of Stockton, Tooele County, to six months
behind bars, three years probation and imposed a $10,000 fine primarily because
the judge perceived that Yarbrough showed little remorse for the crimes he
committed and also wanted the sentence to serve as a deterrent.
Campbell also ordered Yarbrough
to get mental health counseling and take any necessary medication.
Yarbrough, who had about 15 supporters
with him in court, later said he was disappointed with the sentence and will
appeal.
Yarbrough was convicted by a jury
in July 2003 of seven federal charges alleging he falsified information about
the effectiveness of air quality monitors at a chemical weapons facility in
Tooele County.
The judge said she "agreed totally"
with comments made by Assistant U.S. Attorney Mark Y. Hirata, who stated Yarbrough
has not "expressed one iota of contrition" since his conviction.
Yarbrough was in charge of air
monitors at the Army's Chemical Agent Munitions Demilitarization System (CAMDS),
located at Deseret Chemical Depot. Hirata said Yarbrough decided on his own
that falsifying test data would not compromise the safety of other people,
but that was not Yarbrough's decision to make.
Hirata said Yarbrough has since
pointed fingers at everyone else, from facility managers to the court itself,
for his situation — but the jury figuratively had 12 fingers pointing at
Yarbrough judging him guilty.
His attorney, Sharon Preston,
said her client did take responsibility for his actions and, since he is
deeply concerned about safety, "This is a cause of terrible pain to him."
But Campbell said that, among
other things, she was troubled by letters sent in support of Yarbrough, which
also blame others for Yarbrough's problem. "There has to be some sort of
deterrence," Campbell said. "I have to consider the community and Mr. Yarbrough
as an individual."
Yarbrough has until March 3 to
turn himself in and the Bureau of Prisons will decide where he will be incarcerated.
"I believe the sentence was too
harsh and premature due to the complexity of legal and scientific principles,"
Yarbrough said in a written statement he provided the media. "Many officials
directly related to the court proceedings have admitted confusion throughout
the process."
He also said employees do not report unsafe methods and equipment nor abuses of authority by managers of facilities where weapons of mass destruction are destroyed.
E-MAIL: lindat@desnews.com