Former Kanawha prosecutor no longer facing criminal charges

CHARLESTON, W.Va. — A more than year-long criminal case involving former Kanawha County Prosecuting Attorney Mark Plants came to a quick conclusion Thursday in a Kanawha County courtroom when two misdemeanor domestic charges against him were dismissed.

The dismissal of charges of battery and violating a protective order followed Plants’ completion of a 32-week, court-ordered batterers’ intervention program in Putnam County — a condition for dismissal.

Sid Bell, special prosecutor, said Plants “participated actively in a positive manner” and “fully complied with what the court required of him.” Because of that, Bell moved to have the charges dismissed.

“Based on the compliance with the pre-trial monitoring agreement, we would now jointly move the court to dismiss, with prejudice, the two charges that are before the court,” Bell said.

“With prejudice” means the case is dismissed permanently.

Special Magistrate Mike Flanigan from Mercer County quickly granted the motion. “Mr. Plants, you are released from bond. This case is done,” he said.

After the hearing, Plants told 58-WCHS he was “thankful” the case had been resolved, but declined further comment.

Plants was first charged with misdemeanor battery in Feb. 2014 when his ex-wife, Allison, alleged Plants struck his son, then age 11, with a belt more than ten times leaving a large bruise.

In March 2014, he was accused of violating a domestic protective order for allegedly approaching his ex-wife and two children in a parking lot, in violation of the order issued after the initial charge.

Plants resigned from office last November following a three-judge panel’s finding that he committed malfeasance in office and neglect of duty because, to avoid conflicts, his office could not prosecute domestic-related cases while he was facing his own domestic charges.

“We have done things things that no other prosecutor’s office has ever done. With that said, do I have personal failures in my personal life? Absolutely, I think we all do,” he told MetroNews as he left office.

Plants currently runs a private law firm in Kanawha County.