POINT PLEASANT — Two adults facing civil rights charges after allegedly confronting a juvenile, have waived their right to their preliminary hearings.
Delia D. Carr, 37 and Rocky L. Nibert, 32, both of Point Pleasant, appeared for their individual preliminary hearings in Mason County Magistrate Court on Wednesday. Each are charged with prohibition violation of an individual’s civil rights.
Carr was also charged with felony wanton endangerment and was accused in the criminal complaint of pointing and waving a gun at the juvenile. However, that charge was dismissed on Wednesday after a motion by the state, represented by Prosecuting Attorney R.F. Stein, Jr., which said “the state does not believe the facts support the allegation of felony wanton endangerment.”
Magistrate Gail Roush granted the motion and presided over the court appearances by Carr and Nibert, both represented in their individual cases by Attorney Abe Saad.
By waiving their right to a preliminary hearing, the cases now go to Mason County Circuit Court for possible, further criminal proceedings. Both Carr and Nibert have been released on bond and posted those bonds shortly after being initially charged.
Earlier this month, the Point Pleasant Police Department stated 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 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.
Patrolman Matt McCormick is leading the investigation for the Point PD.
Beth Sergent is editor of Ohio Valley Publishing.