Nicholas married Jarrett's mother five years ago, and Jarrett had referred to him as her father, the sheriff said. Sgt. W.K. Shafer and State Police Cpl. D.P. White went to Nicholas' home on Haynes Mill Road in Mount Nebo to arrest him for a home confinement violation on Sept. 19, Hopkins said. That's when police officers discovered Nicholas and Jarrett having intercourse, the sheriff said. Before charging the pair, Shafer researched state law regarding incest and consulted Nicholas County Prosecuting Attorney James "P.K." Milam, Hopkins said.
They all agreed that Nicholas and Jarrett should be arrested because of the law's definition of a daughter. According to state law, a daughter is the natural daughter of a person's husband or wife - and Nicholas is still married to Jarrett's mother, Hopkins said. Jarrett was about 16 when her mother married Nicholas, he said. "If you look real close at the code side, and Sgt. Shafer is a real stickler for the details," Hopkins said, "you can look and see it does include stepdaughters." The law also defines a daughter to include a person's adoptive children, but Nicholas did not adopt Jarrett after marrying her mother, Hopkins said.
After she reached adulthood, Jarrett moved out of Nicholas' home, the sheriff said. She later got married in Summersville, he said. Deputies charged Nicholas and Jarrett each with seven counts of incest, which is a felony that calls for a penalty of between 5 and 15 years in prison. Nicholas County Magistrate Doren Plummer bound Nicholas' case over to circuit court on Thursday. A trial date has not been set and he remains in Central Regional Jail in lieu of a $70,000 bail. Jarrett is free on bond and scheduled for a preliminary hearing in Nicholas Magistrate Court on Oct. 3.
5 comments:
What a waste of taxpayers' money, all because of some small-minded jobsworth trying to impose his sense of morality on others. Has he never heard the phrase "the letter and the spirit of the law"?
If there was any evidence that sex between these two was going on before the woman turned 18, I could see a reason to prosecute. Otherwise, it's just two consenting adults with no danger of inbreeding. And why seven counts?
I bet Woody Allen is relieved that he lives in New York.
Hey, it's West Virginia.
Goodness! I know it's West Virginia and all, but some gal slept with that man? Eeeew!
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