POINT PLEASANT — Two adults have been arrested and are each facing a civil rights charges after a reported confrontation with a juvenile.
Delia D. Carr, 37 and Rocky L. Nibert, 32, both of Point Pleasant, have each been charged with prohibition violation of an individual’s civil rights. Carr was also charged with felony wanton endangerment. Both were taken into custody and appeared on Tuesday for arraignment before Magistrate Cheryl Ross who set Carr’s bond at $50,000 and Nibert’s at $25,000. Both posted property bonds and were later released, according to court records.
The Point Pleasant Police Department reports on Friday, it received a report from the mother of a 16-year old male claiming her son was assaulted by three adults while playing basketball at the public courts located along 27th Street. According to the PPPD, the mother told police racial slurs were used towards her son and at one point, a handgun was pointed at him.
According to the criminal complaints filed in magistrate court, Carr is accused of calling the teen the n-word multiple times and allegedly “did point and wave a gun at him, putting him in fear of being harmed and seriously injured.” Nibert is accused of making threats towards the teen, calling the teen the n-word multiple times and allegedly struck the teen on the top of his nose with the bill of his hat, according to the criminal complaint.
According to the West Virginia Code, prohibiting violations of an individual’s civil rights is defined as: All persons within the boundaries of the state of West Virginia have the right to be free from any violence, or intimation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation or sex.
When it comes to penalties, the law states those convicted of the charge could be fined not more than $5,000 or imprisoned not more than 10 years, or both.
Police Chief Joe Veith said the department is investigating allegations a third person was involved.
At this point, the allegations against Carr and Nibert remain only allegations. Next up for the pair will be a preliminary hearing in magistrate court to determine if there’s probable cause. Preliminary hearings do not determine guilt, they determine if there is probable cause to believe that an offense has been committed. If the hearing is waived by the defendant or probable cause found, the charges move to Mason County Circuit Court for possible, further criminal proceedings.
Patrolman Matt McCormick is leading the investigation.
Beth Sergent is editor of Ohio Valley Publishing
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