POINT PLEASANT — A registered sex offender has been sentenced to one to three years in the penitentiary after entering into a plea agreement.
Earlier this year, 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 recently appeared before Judge Thomas C. Evans III in Mason County Circuit Court for sentencing. Evans’ sentencing order says Nibert is to serve not less than one nor more than three years in the penitentiary. Nibert was given credit for 176 days previously served. This sentence is to be served consecutively to any other sentence to which Nibert is presently subject to, specifically any additional sentence in U.S. courts relating to the detainer.
Nibert was also ordered to pay court costs within 180 days of his release from custody. As of Thursday evening, Nibert remained in custody at the Western Regional Jail.
According to the criminal complaint filed in Mason County Magistrate Court, Nibert is accused of sending three photos of a body part to a juvenile female victim via cell phone last fall. 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 and 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.
At the sentencing hearing, Nibert was represented by Attorney Damon Morgan Jr. The state was represented by Prosecuting Attorney R. Craig Tatterson.