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Shooter fails to rehab at camp
Dead teen’s best friend sold drugs at special program
Tuesday, July 22, 2008
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Daryl Yadao was given a second chance and he blew it.

Last December, Yadao, 18, was sentenced to a California detention camp for the shooting death of his best friend Robert Ratto, 19, on Sept. 5, 2006.
Ratto was shot with a stolen Glock 9mm semi-automatic handgun while sitting in a parked car with Yadao, then 16, and another 16-year-old friend. Ratto, a 2006 Vintage High School graduate, was dead by the time paramedics arrived on scene.

In November 2007, Yadao pleaded guilty to involuntary manslaughter.
At his sentencing last December, the prosecution argued Yadao, who has a criminal record, should be sent to the California Youth Authority. Napa County Superior Court Judge Ray Guadagni showed leniency and ordered Yadao to Bar-R-Boys Ranch in Del Norte County until he was 19. The camp is a step down from the more restricted prison-like environment of CYA.

Yadao was back in court on Monday facing violation of probation for smuggling drugs into Bar-R-Boys Ranch.
This time Napa County Superior Court Judge Rodney Stone ordered Yadao to CYA until he is 25.

During his three months at the ranch, Yadao was given an overnight pass. While out, he took methadone pills from his mother’s purse and smuggled them into the ranch, said deputy district attorney Fred Gutierrez, who prosecuted the case.

“He admitted it,” Gutierrez said, adding, he gave four of the pills to other inmates at the ranch.

“He was given a chance ... a golden opportunity to rehabilitate himself. But in three short months he’s back here in trouble again,” Gutierrez said. “Nothing has changed. He’s still engaging in criminal conduct. And he still continues to lie. He continues to blame everyone but himself.”

Yadao’s attorney Amy Morton argued her client suffered from depression and other mental problems and did not get the treatment he needed at the ranch.

She tried to convince Stone to allow Yadao to enroll in a private drug rehabilitation program in Santa Clara County. She said his family would pay $3,700 a month for the program.

Morton said before Yadao was sent to Bar-R-Boys, he was incarcerated in Napa County Juvenile Hall and had made progress.

“He was beginning to change his ways. He also made accomplishments at the ranch,” she said. “He took the methadone into the ranch because he wanted to fit in with the inmates. He failed because he did not get the services he needed.”

Ratto’s mother, Linda Smernes, addressed the court.

“We spent a year before Robert died trying to get him off methadone, which he (Yadao) gave him. The last judge gave him a chance. I accepted that. Three months later where is he? Back in trouble,” Smernes said. “There are kids in juvenile hall doing more time for drugs than he did for killing my son. He’s not sorry. If he was he would not have allowed my son to bleed to death before he called 911.”

Stone said when Yadao was sent to the ranch, the court ordered that he not possess weapons or drugs.

“He did not comply with the conditions. He decided the rules were not meant for him. It was a decision he made. He gave drugs to other people at the camp because he wanted to be a leader,” Stone said. “He does not need a drug treatment program, he needs a commitment to the department of juvenile justice (CYA.)”

Details of the case and what led up to the shooting were not available because all of the court proceedings, except for the December and Monday’s proceedings, were heard in juvenile court.

When Yadao pleaded to use of a firearm, the December sentencing was opened to the public.

The day of the shooting, Ratto, Yadao and the other teen were sitting in Yadao’s car in the Collier Boulevard apartments parking lot, where Yadao lived with his mother and siblings.

Ratto was sitting in the front passenger seat. The gun went off striking Ratto once in the torso, mortally wounding him.

At December’s hearing, Gutierrez argued that Yadao “didn’t stay to help his friend, while he was dying. He ran upstairs to his apartment, hid the gun and another pistol which police found later in his closet. He then came back downstairs, and they carried Robert up to the apartment. He didn’t even call 911. He called his mother, who called 911.”

In addition to pleading guilty to involuntary manslaughter, Yadao also was found guilty of possession of drugs for sale, possession of a firearm while possessing illegal drugs and personal use of a firearm in connection with Ratto’s death.
12 comment(s)

donnaitalia wrote on Jul 22, 2008 8:13 AM:

" What a tragic waste of lives. This boy seems to be utterly lacking in morals. Sounds like he needed the $3700 a month in rehab long before he reached his teens. Can only imagine where he'll be at 25. How sad for all concerned. "

wipemedown wrote on Jul 22, 2008 8:16 AM:

" “He took the methadone into the ranch because he wanted to fit in with the inmates. He failed because he did not get the services he needed.” "He gave drugs to other people at the camp because he wanted to be a leader” WOW. yes, lack of support is the culprit here. "

papreaka wrote on Jul 22, 2008 8:53 AM:

" What ashame. This kid really did not take advantage of what he was given. Why was his Mother caring Methadone, If she needs it, keep it away from your child, knowing his problems. Sometimes people just don't think. This is so sad. "

marine1/1 wrote on Jul 22, 2008 10:12 AM:

" Due to the nature of the first crime,I am surprised he got a second chance.He was responsible for killing another person.Now he's back to the drugs and trying to be a big shot.I hope he does not get out until he is 25.He deserves more than that in my opioion.I feel bad for the parents that lost their son.Hopefully CYA teaches him a lesson. "

GetReal! wrote on Jul 22, 2008 11:09 AM:

" Perhaps his mother should be arrested for contributing to the delinquency of a minor. How could she not notice that many pills missing. My guess is that it was her medication that her son and the boy he killed were hooked on. And is she now coming to his defense? He didn't get the right treatment. . . I'm willing to pay $3,700/mo. . .etc. She needs to do some time and spend that money for treatment on training/disciplining children. "

pernodboi wrote on Jul 22, 2008 12:32 PM:

" Mrs. Smernes - you and your family are in my prayers.

Daryl - Don't go any lower, now's the time to start going up. It'll be a long hard climb, but worth it.

I had no idea methadone was so easy to come by. My experience (with a friend) is that the patient would be seen at a clinic for a very long time before at home doses would be allowed. "

707jng wrote on Jul 22, 2008 12:54 PM:

" This is another case of a juvenile who should have been tried as an adult for murder. He would have been in prison and not kiddy boot camp! He should still go to prison, CYA is a slap on the wrist for killing another human being. What is wrong with our legal system??? "

Dwayne wrote on Jul 22, 2008 1:27 PM:

" So now he's out of kiddie school, and going to be 'rehabilitated' by the real professional hoodlums in CYA.

The CYA is like graduate school for amateur criminals. "

Not the same Napa wrote on Jul 22, 2008 3:42 PM:

" Yeah, "Pain Mangers" send the methadone bottles home to replace other addictions they were the cause of in the first place. It's just money lining their pockets. They don't care about the patients.

I agree, he'll come out of CYA worse than when he went in. Society needs to find some other way to deal with the want-a-be's. "

my name here wrote on Jul 22, 2008 5:27 PM:

" I agree with Dwane. At 25 years old he will be at his physical prime with a priceless criminal education, released upon the public. "

justnana wrote on Jul 22, 2008 7:12 PM:

" When this first happened and we saw the sentence, we knew it could come to no good end. If there is mental illness, methadone mom should have addressed those needs in her child years ago. To have her drug in her home when she knew her son was addicted (there is NO way she didn't know) is criminal in itself. It was interesting that another criminal received 27 years min. for NOT killing anyone (granted he deserves this sentence and more). How can we believe that 6 years in the Youth Authority will either punish or help this guy. There has to be a better way.

I can't imagine how bad this must hurt his family. You are also in our prayers. "

wowquebonita wrote on Jul 22, 2008 10:48 PM:

" Another life wasted. He needs to take responsibility for his actions. Blaming the state/camp does this young man no good....it's a disservice to him. He knew what he was doing was wrong...his actions show it. Sounds like he and his mother both need rehab.

Good question...what will be of his life when he is released from the CYA? "

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