CHARLESTON, W.Va. – The special prosecutor in the Mark Plants case now wants a magistrate to review the deal cut back on Wednesday that gives the Kanawha County prosecutor a way out of the two misdemeanor charges filed against him.
Special Prosecutor Sid Bell said he doesn’t believe the pre-trial diversion–that he agreed to–is legal. It allows for the misdemeanor domestic related charges against Plants to be dropped if he abides by the agreement.
Bell said Friday pretrial diversion agreements in domestic violence cases have to meet certain provisions including the defendants being part of a community corrections program and the deal reviewed by the Governor’s Committee on Crime, Delinquency and Correction. This week’s agreement didn’t include those provisions.
Plants was charged with violating a protective order filed by his ex-wife. He was then charged with domestic battery in connection with spanking his 11-year-old son with a belt.
No word yet from the magistrate in the case if he’ll consider Bell’s motion.