Kanawha County prosecuting attorney wants domestic battery charge dismissed

CHARLESTON, W.Va. — The attorney for Kanawha County Prosecuting Attorney Mark Plants says his client was “acting within a constitutionally protected right to control his child” when he allegedly beat his son with a belt.

Jim Cagle, who is representing Plants, makes that argument in the motion he filed, earlier this week, to dismiss the domestic battery charge filed against Plants.

“The intent here was to discipline a child out of love and guidance, not to injure the child,” Cagle’s motion said.  Another part of the motion reads, “Under West Virginia law, there is no liability for the reasonable use of corporal punishment (by a parent) for disciplinary purposes.”

It’s alleged Plants struck his son, 11, with the belt more than ten times after he pushed his stepbrother off a scooter.  Plants’ ex-wife, Allison, reported the incident to investigators on Feb. 26.





More News

News
WVU Medicine announces major capital investment plan
Health system plans $400 million investment.
April 18, 2024 - 2:41 pm
News
Boone County woman charged in teenage daughter's death
Court documents say a 14-year old victim was found dead in her home in an "emaciated, skeletal state"
April 18, 2024 - 2:12 pm
News
Rep Miller supports aid for Ukraine, Israel, Taiwan, plus TikTok bill and keeping the speaker on the job
Miller, who represents counties in the southern half of West Virginia, said she supports each of the bills in the package -- plus keeping Johnson on the job.
April 18, 2024 - 2:08 pm
News
Operation GPA launching again in Kanawha County to help keep kids safe on prom and graduation nights
Operation Graduation Prom Alive started up in Kanawha County 18 years ago.
April 18, 2024 - 1:34 pm


Your Comments