Derek Riley Babb, charged with assaulting a man outside a Moundsville bar, was indicted Thursday in Marshall County Circuit Court after failing to appear in court earlier this week.
Babb, 27, was arrested Wednesday and lodged in West Virginia Northern Regional Jail after Judge Mark A. Karl issued a warrant for his arrest for his absence at Tuesday's docket day proceedings.
Babb announced in court he is due to begin work for a pipeline company next week, but said he did not have enough money to hire his own lawyer. He will remain in jail on a $10,000 bond.
Babb is charged with malicious assault for allegedly hitting and kicking Shayne Issac Smith in the head outside of Nick's Lounge on W.Va. 2 in June. Hugh Jonathan Morgan, 31, of Crawford, Fla., was also arrested for the alleged crime.
The criminal complaint filed against Babb and Smith states Smith suffered multiple fractures to his face and eye socket, was bleeding behind an eye and had several other injuries. Additionally, a visible boot print was visible on his face.
Video surveillance from Nick's Lounge confirmed an altercation began inside the bar with a man striking Smith in the face. A man can reportedly be seen tackling and choking Smith onto the floor until they are separated. The video then shows another man escort Smith outside the bar onto the deck area and then leave in a car.
Smith is then seen standing on the deck talking on his cellphone for several minutes until two men leave the bar and start yelling at him. The video shows one of the men punch Smith in the face and the two men begin repeatedly hitting and kicking him in the face, head and back.
The video shows the assault lasted a few minutes and until the defendants left Smith lying on his back rolling around the deck. The defendants allegedly went back into the bar and then came back out to drag Smith down the ramp to the edge of the parking lot.
Babb is due back in Marshall County Circuit Court at 1:15 p.m. Aug. 8.