Pubdate: Wed, 24 Oct 2001
Source: Fayetteville Observer-Times (NC)
Copyright: 2001 Fayetteville Observer-Times
Contact:  http://www.fayettevillenc.com/foto/
Details: http://www.mapinc.org/media/150
Author: Missy Stoddard

FORMER MP SENTENCED TO 2 YEARS IN DRUG CASE

A former military police officer will spend two years in prison and receive 
a bad conduct discharge from the Army for using and selling drugs.

Spc. Robert Ybarra pleaded guilty at his court-martial Tuesday to using LSD 
and marijuana, possessing and distributing Ecstasy and communicating a threat.

Ybarra, who is 22, will also forfeit all pay and allowances and be reduced 
to the rank of private.

Ybarra is one of 13 military police officers charged with illegal drug 
activity. Some have received nonjudicial punishments while others await 
sentencing.

Throughout Tuesday's hearing, Ybarra wiped away tears and occasionally 
buried his face in his hands.

He took the stand and apologized to his family, his fellow soldiers and the 
Army.

"I can't begin to tell you how sorry I am and all the people I let down," 
Ybarra told Col. Dan Trimble, the presiding judge.

"What hurts most is letting people down that believed in me."

When the judge asked why he should be shown leniency, Ybarra said: "I am a 
soldier who admits his mistakes, and I never make the same mistake twice."

Three of Ybarra's military police supervisors testified during the 
sentencing phase. Each said Ybarra is a hard-working soldier who they would 
want to have with them in combat. Each also said they would welcome Ybarra 
back to the unit and that he expressed remorse for his actions.

Family support

Ybarra's mother, Charlotte Ybarra, testified that her son has always been 
responsible and generous. He has given freely of his time by volunteering 
at a summer youth program at home in Santa Clara, Calif., and by spending 
time with his nieces and nephews.

Mrs. Ybarra said she was a strict disciplinarian with all seven of her 
children. She said family members are disappointed in Ybarra, but they are 
supportive.

She said Ybarra is a loving father who financially supports his 
19-month-old son.

"I've always preached that you make your choices and you're responsible for 
those choices," she told Trimble.

She asked Trimble to give her son a second chance.

As Mrs. Ybarra testified, her husband sat in the front row wiping tears 
from his eyes. She said her husband and son have an extremely close 
relationship and her husband was emotionally unable to testify.

Drug transactions

According to testimony, Ybarra smoked marijuana on several occasions in 
2000. And in July he took a hit of LSD offered by Spc. Jason Jones, who was 
also a military police officer. The incident occurred while they were at a 
fellow MP's home in Raeford, according to testimony.

In December, Ybarra and Jones went to The Platinum Club on Bragg Boulevard 
where Jones paid $250 for 10 pills of Ecstasy, according to testimony. 
Jones gave Ybarra two of the pills, Ybarra said.

On Jan. 26, Ybarra said Jones asked him to get some Ecstasy for a friend of 
Jones'. They met at IT'z nightclub on Legend Avenue, where Jones gave 
Ybarra $250 for the drugs, according to testimony. The deal was made in the 
nightclub's bathroom. Afterward, Jones sold some of the pills inside the club.

On Jan. 27, Jones called Ybarra and asked him to get more Ecstasy. Ybarra 
said that at Jones' request, he sold a friend of Jones' five pills for $175.

Ybarra said that in early January he heard rumors that Jones got in trouble 
with the Army's Criminal Investigation Division and had become an 
informant. Ybarra said he heard that Jones was trying to "set people up."

On Jan. 27, Ybarra said Jones was "acting funny." Ybarra said he used a 9 
mm handgun and threatened to kill Jones and his friend if the friend turned 
out to be an informant. By then, Jones had become an informant and the 
friend he brought along was a CID agent from the drug suppression team.

Since Jones cooperated with the government, the Army struck a deal with 
Jones' lawyer not to release Jones' status. But a source close to the 
investigation said Jones has been given immunity in exchange for his 
cooperation. He has since been reassigned to another Army post.

Ybarra joined the Army in January 1998. Before hearing his sentence, he 
said that if he was discharged from the Army, he would probably go to 
community college and play baseball.

"The major leagues hire convicted felons," he joked to the judge.

Ybarra's lawyer, Capt. Tommy Thompson, said Ybarra "is a good kid who made 
a mistake." Thompson said Ybarra was on his way to a promising military 
career when he got sidetracked by a series of bad choices.
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MAP posted-by: Keith Brilhart