Tooele Transcript Bulletin 02/06/04

After indicating she planned to place former Deseret Chemical Depot (DCD) supervisor David Yarbrough on probation for falsifying air-quality test results in June and July of 2002, U.S. District Court Judge Tena Campbell did an about-face yesterday, ordering Yarbrough to spend six months in prison.

The 53-year-old Stockton man was also fined $10,000.

Campbell changed her mind about placing Yarbrough on probation following U.S. Attorney Mark Hirata’s argument that “everyone who works at the (DCD) has to accept responsibility to protect each other, and that is accomplished through reporting of accurate information.”

The prosecutor added, “Do we really have to have a death or serious injury (at the Tooele County site where, under an international treaty, workers are destroying a stockpile of chemical weapons) to warrant punishment? Let’s be clear that the fact that no harm occurred, the fact that (workers and those living near the facility) were not even close to being in danger, in no way minimizes the significance of (Yarbrough’s) action of falsifying information.”

Stating that Yarbrough has shown no “remorse” whatsoever since a jury found him guilty last summer of seven counts of falsifying data, Hirata stated, “Let’s not forget that throughout this (court process), Mr. Yarbrough has continued to blame someone else — including this court for being confused — when 12 fingers in the form of a guilty verdict pointed back to him.”

Following Hirata’s arguments that Yarbrough should be punished to “the necessary extent necessary to send the right message of deterrence,” Judge Campbell said she agreed.

Campbell added that the letters she had received from Yarbrough’s family and friends “did point fingers to everyone but Mr. Yarbrough.”

The judge added that those letters, especially one written by the defendant’s mother, had done him more harm than good in her eyes.

In an interview Thursday morning, Yarbrough’s wife Heather said she was extremely offended by the judge’s remarks. “It was unconscionable the way the judge berated those who wrote letters in support of David,” Heather stated. “She particularly picked out his mother and that was unconscionable.”

Responding in court yesterday to the allegation from the U.S. Attorney General’s office that the defendant did not take responsibility for the crimes of which he was convicted, defense attorney Sharon Preston told the court, “(Yarbrough) is a convicted felon.”

Preston added that letters written to the court in her client’s behalf were merely meant to demonstrate the support he had from the community.

“These people know the kind of man he has been,” Preston stated, “the kind of neighbor, church member, father and husband, and the kind of employee he has been.”

The defense attorney also stated that Yarbrough “very much” cares about public safety.

In addition to the fine and prison sentence, Judge Campbell imposed a $700 special assessment fee that must be paid by Yarbrough.

During an interview Thursday morning with the Tooele Transcript-Bulletin, Yarbrough and Mick Harrison, another defense attorney for the defendant, maintained that Yarbrough is innocent of the seven convictions of records falsification (see related story on A3). Harrison, an environmental lawyer based in Kentucky, said he plans to file an appeal of the case within 10 days.

Judge Campbell gave Yarbrough 30 days to turn himself in to federal marshals. Harrison said this morning that “hopefully” his filing of the appeal will delay imprisonment until the appeal can be heard by the 10th U.S. Circuit Court in Denver.

e-mail: maryruth@tooeletranscript.com