KINGWOOD — A victim of a convicted child sexual abuser is suing, saying the abuser transferred his property to his wife to avoid having to pay the victim any damages.
The suit asks a judge to declare the property transfer “fraudulent and void.”
David Junior Nestor Sr., 71, is serving two concurrent sentences of 10-20 years for sexually abusing a child between 2010 and 2015. Under a plea agreement, he pleaded guilty to two charges of sexual abuse and the state dismissed 18 other charges.
The Dominion Post does not generally identify victims of sexual assault and in this case, in order to protect the victim, is not releasing the names of family members suing.
Senior Status Judge Larry Starcher wrote in Nestor’s sentencing order that, “The court orders that the defendant is liable in restitution, if any is claimed, for any medical or counseling treatment to the victims in this case.”
The civil case was filed recently in Preston Circuit Court by a juvenile victim and her family against Nestor and his wife, Helen Lorraine Nestor, of Bruceton Mills.
The suit says that on Feb. 9, 2017, the month after charges were filed against Nestor, he transferred all interest in his property in Pleasant District, Preston County, 187.75 acres, to his wife. A copy of the deed is included with the suit.
But the deed wasn’t recorded until June 1, which is after Nestor was sentenced on May 23, 2018, according to the civil suit. The suit makes note of the 15 months between the execution of the deed and its recording with the Preston County Clerk.
Both actions were intended to conceal the transfer from the victim, the suit says.
The victim’s family also believes, “By information and belief, the property transferred by Mr. Nestor constitutes the greater portion of his assets and that said property is intended to be sold by his wife to benefit the debtor.”
A suit will be filed on behalf of the minor to establish damages to which she is entitled, according to the suit.
According to the civil suit, Nestor also faces criminal charges in Monongalia County for abuse.
Court documents show Nestor has paid $452 in court costs ordered by the judge.