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MASON CITY – Convicted sex offender Derek Dean Nibarger, age 24, who was charged with escaping Beje Clark in July 2010 was paroled from Iowa’s Oakdale Mens Prison on Thursday, January 17th. The Iowa Department of Corrections has returned him to Beje Clark to serve an undisclosed amount of time.
In 2009 Derek Nibarger, then age 21, was arrested following an investigation by the Hampton Police Department. Originally Nibarger was charged with one class C felony count of 709.8(1) Lascivious Acts With a Child – Fondle or Touch and faced up to 10 years in prison. The child he molested is listed as 0 -13 years of age at the time.
Before a trial Franklin County Attorney Daniel F. Wiechmann Jr offered Nibarger a plea bargain deal to a lessor aggravated misdemeanor count of 709.12 Indecent Contact With a Child to which Nibarger excepted and pled guilty. At sentencing District Court Judge Stephen P. Carroll approved a motion by the Franklin County Attorney to reduce the charge as part of the plea bargain agreement.
Judge Carroll then sentenced Nibarger to a suspended 2 year prison sentence, instead ordering Nibarger to serve 180 days or until max benefits are achieved at Beje Clark. In addition Judge Carrol ordered Nibarger to electronic monitoring and to apologize to the family of the victim.
On July 17th, 2010 Beje Clark made a report to Mason City police department they could not locate Nibarger after he left the facilty. Nibarger was located and arrested by law enforcement a short time later.
For the escape from Beje Clark Nibarger pled guilty to a serious misdemeanor count of 719.4(3) Voluntary Absence (Escape) and received a time served sentence of 7 days in jail from Senior Judge Gerald W. Magee.
Following the escape conviction The Iowa Department of Corrects then applied to have Nibarger’s probation revoked on the lascivious acts with a child conviction. At the probation revocation hearing on August 17th, 2010 District Associate Judge Peter B. Newell imposed the original sentence earlier suspended by Judge Carroll giving Niebarger credit for 445 days previously served between county jail and Beje Clark.
Nibarger was later paroled, but was jailed again on a parole violation on March 23rd, 2011. His parole was revoked for the violation and he was set back to prison on April 4th, 2011 were he had remained until he was released back to Beje Clark last Thursday. According to the Iowa Department of Corrects his community based corrects is not set to expire until April 5th, 2015.