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Pretrial Diversion Agreement Reached In Plants' Case

Reported: May. 21, 2014 3:02 PM EDT
Updated: May. 22, 2014 3:10 PM EDT
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CHARLESTON, W.Va. (Kennie Bass) – A pretrial diversion agreement that calls for charges to be held for a year in the domestic violence case of Kanawha Prosecutor Mark Plants has been reached. The deal will remain in effect as long as Plants meets certain conditions.

Mercer County Magistrate Mike Flanagan approved the deal after checking to see if there were any legal barriers that would prohibit it.

Plants has been facing charges of violating a domestic violence petition filed by his ex-wife and a battery charge involving spanking his son.

Under the agreement, Plants will be under certain conditions, including supervised visits. He agrees to have no contact with his ex-wife. The charges will be held for a year in case there is a violation of the agreement.

He also had to make a public apology and will no longer spank his children.

Plants is waiving his time limits and will pay court costs.

Commission President Kent Carper issued a statement in response to the pre-trial diversion agreement.

“At this time, I have more questions, than answers," Carper said. "How will this affect criminal cases currently being handled by a very costly special prosecutor? How does this affect the ability of the prosecutor’s office to handle criminal cases in general? The jurisdiction as to the status of Mr. Plants and his position as prosecutor is now clearly before the West Virginia Supreme Court. The county commission has no further comment on the disposition of the criminal matter. We are waiting to review the agreement entered by the magistrate, as it pertains to the appointment of a continued special prosecutor.”



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