APPLE GROVE — A registered sex offender has been arrested on new charges.
David Freeman Nibert, 43, Apple Grove, has been charged with three counts of distribution and display of obscene material to a minor and three counts of use of obscene matter with the intent to seduce a minor, according to the Mason County Sheriff’s Department. Nibert was arraigned by Magistrate Cheryl Miller Ross with his bond set at $500,000. As of press time on Wednesday, Nibert remained housed 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. 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 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 this case, the victim was also female and her age between 13-17.
Nibert’s case has been assigned to Magistrate Gail Roush who scheduled his preliminary hearing for 9:45 a.m., Oct. 31.