LEON — A Leon man is facing a felony charge of child abuse resulting in injury after allegedly injuring his eight-year-old son.
The warrant was issued on Saturday, Aug. 4 for Kevin Franklin Durst, 39, of Leon. The alleged incident took place at 1898 Evans Road.
In the criminal complaint, Deputy Justin L. Cavender reported on the aforementioned date Kevin Franklin Durst, did smack his son, identified as HAD, who is eight years old.
Cavender stated in the report, “Mr. Durst smacked his son in the face multiple times causing contusions to his face. Mr. Durst also smacked his son on the left side of his torso. It appeared HAD had a contusion on his side consistent with a hand print. HAD also had contusions on both of his ears where Mr. Durst had smacked him and grabbed him.”
Cavender reported while he was observing the victim, HAD, he reportedly found contusions on the victim’s legs and arms as well.
The mother of the victim, brought the boy into the Mason County Sheriff’s Office to file the alleged abuse complaint.
Upon questioning the victim, Cavender reported the victim stated the abuse occurred because he would not eat the toppings on his pizza, wherein his father, Kevin Franklin Durst, dragged him into the bathroom by his arm. The victim continued, once in the bathroom, his father started striking him with his hand, the complaint states.
Cavender reported the mother of the victim gave a written statement of the occurrence. Cavender stated based on written statement and the visible injuries on the victim he requested a warrant to be issued on Kevin Franklin Durst for child abuse resulting in injury, W.Va. Code 61 – 8D- 3(a) which states, “If any parent, guardian, or custodian shall abuse a child and by such abuse cause such child bodily injury as such term is defined in section one, article eight-b of this chapter, then such parent, guardian, or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and imprisoned in a state correctional facility for not less than one nor more than five years, or in the discretion of the court, be confined in jail for not more than one year.”
Erin Perkins is a staff writer for Ohio Valley Publishing. Reach her at (304) 675-1333, extension 1992.