A man accused of sexually assaulting a minor under the age of 12 will stand trial in August.
Charles Bibbs III, 50, waived his right to a jury trial and will appear before the court in a two-day bench trial on Aug. 16 and 17. A bench trial is decided by a judge, rather than a jury, and Bibbs’ decision to waive a jury trial is irreversible, District Court Judge Geoffrey Hall said on Monday.
Bibbs had previously pleaded not guilty to charges of first degree sexual assault of a child, third degree sexual assault of a child and child abuse.
The alleged abuse occurred between March 2013 and April 28, 2015, during a period where Bibbs was living in the same house as the child in Fremont, according to a police affidavit.
The child allegedly reported the abuse to a close family member. A March 17, 2016 report to the Fremont Police Department alleged that Bibbs raped the minor.
The child confirmed the abuse during a forensic interview on April 11, 2016. At the time, the child also reported being physically abused, and said that Bibbs had fondled himself in the child’s presence.
In a voluntary interview with police, Bibbs denied sexual contact with the child, the affidavit says. Instead, Bibbs claims to have visually examined the child’s genital area after the minor complained of discomfort. He also claimed that the child may have walked into his room while he was fondling himself, though the affidavit notes that Bibbs admitted to having a lock on his bedroom door.
Bibbs is also facing two charges of delivery of a controlled substance, related to two incidents in 2015 where he allegedly delivered “a green leafy substance” that field tested positive for THC to a cooperating individual, according to a police affidavit. Bibbs had also pleaded not guilty to those charges, according to Dodge County District Attorney Oliver Glass.
Bibbs wasn’t the only defendant who was given a bench trial date on Monday.
Derek Lee, 20, who had previously pleaded not guilty to one count of robbery and another of conspiracy to deliver a controlled substance, will have a one-day bench trial on May 10.
Those charges stem from a Nov. 22, 2017 incident at Casey’s General Store in North Bend, when Lee and a group of others robbed another group with BB guns during a planned marijuana deal.
In other district court news from Monday:
- Thomas Layman Jr. pleaded guilty to possession of a controlled substance, methamphetamine, a class IV felony as part of a plea deal in which the state would not oppose probation as a sentence. The charge stem from a Sept. 21, 2017, incident where Layman was pulled over for driving under suspension, which led to the discovery of methamphetamine in his vehicle. He will appear for sentencing on May 21.
- A bench warrant was issued for Sean Gaines who has failed to appear for court. On Monday, neither the defendant, nor his defense counsel was present.
- Jacob Tuttle was granted a continuance after failing to show up for court on Monday. His attorney had not been able to reach him in the previous few days, but Tuttle had no prior history of failing to show.
- Jason Buck admitted to violating a term of his probation after he allegedly had social contact with persons having criminal records or on probation, after being discovered in Douglas County Nebraska with two individuals who had felony warrants. The admission was part of a plea deal with the state, where in return for Buck’s admission, the state had agreed to dismiss three other violations. Buck was granted a reinstatement of his probation for the balance of his term.