POINT PLEASANT — A registered sex offender arrested on new charges last year has entered into a plea agreement.
David Freeman Nibert, 44, of Apple Grove, pleaded guilty to the felony offense of attempt to commit a felony, a lesser included offense as contained in count one of his indictment. A January grand jury indicted Nibert for use of obscene matter with intent to seduce a minor times three; distribution and display to minor of obscene matter times three.
Nibert appeared Monday before Judge Thomas C. Evans III in Mason County Circuit Court with Attorney Damon Morgan Jr. The state was represented by Prosecuting Attorney R. Craig Tatterson.
Nibert could be sentenced to jail for not less than one nor more than three years, or be confined in jail not less than six months nor more than 12 months and fined not exceeding $500.
Evans noted the plea is conditionally approved, but the judge reserves the right to reject the agreement if, after hearing from the victim’s family, it unduly restricts the sentencing options of the court. Nibert is to return to court at 9:30 a.m. April 14.
According to the criminal complaint filed in Mason County Magistrate Court, Nibert is accused last fall of sending three photos of a body part to a juvenile female victim via cell phone. The parents of the victim found the alleged obscene photographs on the victim’s cell phone, according to the complaint. These photos, as well as messages on the victim’s cell phone, were also observed by investigators with the Mason County Sheriff’s Department, who later learned Nibert was a registered sex offender on federal probation. The parents also claimed to investigators that Nibert was having sexual relations with their juvenile daughter, according to the complaint.
According to the West Virginia State Police’s Sex Offender Registry, Nibert was convicted in 2006 for interstate transportation of a minor with the intent to engage in sexual activity, served approximately five years eight months in a correctional facility and was given five years probation. In that case, the victim was also female and her age between 13-17.
Nibert was arraigned by Magistrate Cheryl Miller Ross with his bond set at $500,000. As of press time Wednesday, Nibert remained housed at the Western Regional Jail.