San Diego

The man who broadcast a fictitious sea disaster report, creating havoc among rescue agencies, was sentenced Monday to five years in federal prison.

Citing a need for structure in Robert Bryan McCombs’ life, U.S. District Judge Judith Keep imposed the term by increasing the sentence recommended by the prosecutor.

Assistant U.S. Atty. Edward Allard III had asked for a two- or three-year sentence, saying the 23-year-old McCombs “endangered many lives” by the Feb. 26 hoax in Mission Bay.

“This is not a mischievous prank,” Allard argued.

McCombs, of El Cajon, recently finished a 90-day diagnostic study at the Metropolitan Correctional Center, as a result of which authorities concluded that he needs psychological treatment in a structured setting.

McCombs’ attorney, Bernie Skomal, sharply disagreed with the sentence.

“To give a young kid like that five years is not going to help him,” Skomal said afterward.

“A prison sentence is unlikely to deter criminal behavior. Warehousing him for another two to three years won’t help Robert grow up,” Skomal argued in court.

The hoax began after McCombs cried for help on an emergency frequency channel, saying two boats had collided and people were drifting helplessly in the water.

The Harbor Patrol, U.S. Coast Guard, San Diego police, lifeguards, Fire Department and Life Flight personnel all responded to the pleas in the very foggy evening weather.

McCombs earlier pleaded guilty to making a phony distress call.

The judge noted that this was his third conviction. McCombs was convicted in Texas of auto theft and forgery.