UPDATE: New Deal in Charges Against Kanawha Prosecutor

By: The Associated Press Email
By: The Associated Press Email

UPDATE 6/25/2014 12:10 PM

CHARLESTON, W.Va. (AP) - Kanawha County's prosecutor agreed to a new deal to resolve misdemeanor domestic charges against him.

The agreement requires Mark Plants to participate in a batterer intervention program in Putnam County.

Media outlets report that Plants' attorney, Jim Cagle, and special prosecutor Sid Bell agreed to the deal on Tuesday.

Bell had said earlier that Plants wasn't eligible for a previous pre-trial diversion agreement.

Plants is charged with domestic battery and violating a protective order to stay away from his ex-wife, Allison Plants, and their children. Prosecutors say Plants hit one of his sons more than 10 times with a leather belt on Feb. 22.

The charges would be dismissed if Plants completes the intervention program.

Plants says he plans to remain as prosecutor.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


UPDATE 4/14/2014 1:10 PM

CHARLESTON, W.Va. (AP) - Kanawha County prosecutor Mark Plants says his office doesn't have a conflict investigating domestic violence cases involving children.

Plants is facing a domestic battery charge. He's accused of hitting one of his sons more than 10 times with a leather belt on Feb. 22.

Plants told media outlets at a news conference on Monday that corporal punishment is legal if it's reasonable. He says 75 percent of Kanawha County would be in jail if spanking was a crime.

Plants also said he won't resign.

The state Office of Disciplinary Counsel asked the West Virginia Supreme Court to either suspend Plants, prevent his office from working on cases involving allegations of violence by parents against children, or both.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


UPDATE 4/8/2014 2:00 PM

CHARLESTON, W.Va. (AP) - Kanawha County prosecutor Mark Plants is seeking the dismissal of a domestic battery charge against him.

Plants is accused of hitting one of his sons more than 10 times with a leather belt on Feb. 22.

Plants' attorney, Jim Cagle, filed a motion Monday asking a magistrate to dismiss the misdemeanor charge.

The motion argues that Plants was acting within a constitutionally protected right to control his child. The motion says there's no liability under West Virginia law from reasonable use of corporal punishment for disciplinary purposes.

The state Supreme Court appointed Mercer County Magistrate Mike Flanigan to hear the case after all Kanawha County judges recused themselves.

Plant's ex-wife, Allison Plants, reported the incident.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


UPDATE 3/31/2014 2:30 PM

CHARLESTON, W.Va. (AP) - Kanawha County prosecutor Mark Plants is facing a misdemeanor domestic battery charge.

Media outlets report that Plants turned himself in Monday morning after an arrest warrant was issued. He was released on a $1,000 personal recognizance bond following an arraignment in Kanawha County Magistrate Court.

Plants is accused of hitting one of his sons more than 10 times with a leather belt on Feb. 22. West Virginia State Police began an investigation after Plants' ex-wife, Allison Plants, reported the incident.

Plants said after his arraignment that he is not guilty of any criminal misconduct.

If convicted, Plants faces up to one year in prison and a $500 fine.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


UPDATE 3/18/2014 3:05 PM

CHARLESTON, W.Va. (AP) - Kanawha County prosecutor Mark Plants is facing a misdemeanor charge of violating a domestic violence protective order.

Media outlets report that West Virginia State Police arrested Plants on Tuesday.

A Kanawha County Family Court judge issued the order in February after Plants' ex-wife, Allison Plants, alleged that he used excessive discipline on one of their two sons. Plants has called the allegation politically motivated.

The order bars Plants from contacting his ex-wife and their sons.

Plants said Tuesday in a statement that he saw his children unattended outside a local pharmacy. He said he stood with them until his ex-wife exited the pharmacy.

State police are investigating the abuse allegations. Former McDowell County prosecutor Sid Bell was appointed special prosecutor for that case.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


CHARLESTON, W.Va. (AP) - West Virginia State Police are investigating claims by the former wife of Kanawha County Prosecutor Mark Plants that he used excessive discipline on one of their children. He says the allegation is politically motivated.

State Police spokesman Lt. Michael Baylous says a complaint made by Allison Plants against Mark Plants is being investigated by the Crimes Against Children Unit.

Mark Plants said Thursday he and his ex-wife had an agreement that spanking their children was an appropriate form of discipline.

The Plants have two sons and were divorced in 2012. Mark Plants remarried in December.

Media outlets report Mark Plants calls the allegations "political mudslinging" because Allison Plants hired Charleston attorney Mike Clifford, a former county prosecutor.

Mark Plants says he is cooperating with investigators.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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