MASON CITY – A Mason City sex offender, arrested and charged with felony theft just a few days ago, was arrested again Thursday.
Derek Dean Nibarger, age 25, was arrested Friday, April 18th and charged with second degree theft, a class D felony, for spending about $1,700 he found in a lost wallet.
Nibarger was arrested again Thursday and charged with violating the sex offender registry in Iowa. Cerro Gordo Deputies took him into custody today at about 11:00 AM at his apartment at 712 North Madison Avenue.
In 2009, Nibarger was arrested following an investigation by the Hampton Police Department. Originally, Nibarger was charged with one class C felony count of (Iowa code 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 (Iowa code 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, and ordered him to serve 180 days at Beje Clark. In addition, Judge Carrol ordered Nibarger to electronic monitoring and to apologize to the family of the victim.
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