Tag: Kanawha County Prosecutor

No Outside Agency Probing Fatal Charleston Police Wreck

Charleston police have not asked any outside agency to investigate a wreck in which a woman died after her car collided with a city police cruiser that apparently did not have its sirens on.

Charleston Police Chief Brent Webster told the Charleston Gazette-Mail in an email that investigators have been working with the Kanawha County Prosecutor’s Office to objectively review details of the Jan. 4 collision.

Webster says Officer Stephen Doss was responding to a report of an armed burglary when he crashed into the unidentified woman’s car. She died five days later.

He says a preliminary investigation has found that Doss was speeding and did not activate the cruiser’s emergency lights or sirens.

Charleston police asked the West Virginia State Police to investigate a similar incident in 2005.

New Kanawha County Prosecutor Named

A former federal prosecutor has been appointed as Kanawha County’s prosecutor.
The Kanawha County Commission named Chuck Miller to the position today.

 
Miller will serve the remaining two years of former prosecutor Mark Plants’ term. Plants was removed from office by a three-judge panel earlier this month.
 
Miller had been serving as temporary prosecutor.
 
He previously served as the U.S. attorney for West Virginia’s southern district from 2005 to 2009. He became an assistant U.S. attorney after current U.S. Attorney Booth Goodwin was hired.
 
Miller left the federal office in 2011 and joined the Kanawha County prosecutor’s office as an assistant prosecutor.

Kanawha Prosecutor Won't Appeal Removal Order

  Kanawha County’s prosecutor says he won’t appeal a court order removing him from office.

Mark Plants announced his decision Monday.

A three-judge panel ruled on Oct. 14 that Plants neglected his office’s duties and committed malfeasance in office. The order says Plants has been disqualified from performing a significant portion of the work he was elected to perform.

The ruling came in a petition filed by the Kanawha County Commission seeking Plants’ removal. The judges suspended the ruling for 30 days.

Plants faces charges of domestic battery involving his son and violating a domestic-violence protection order. A Kanawha County judge disqualified Plants and his staff from handling such cases in April after he was charged.

Plants says he plans to open his own law firm.

W.Va. Prosecutor Wants Trial on Abuse Charges

A West Virginia prosecutor is asking to go to trial on misdemeanor domestic violence charges instead of participating in an intervention program.

Mark Plants is charged with domestic battery of his 11-year-old son. Prosecutors say Plants hit the boy more than 10 times with a leather belt on Feb. 22.

He also is charged with violating a domestic-violence protection order. The order required that Plants stay away from his ex-wife and their sons.

The Charleston Gazette reports that Plants’ lawyer asked a magistrate Monday to set trial dates on the charges.

Last month Plants signed the agreement to attend the 32-week batterers intervention program in Putnam County. The charges could have been dropped upon completion of the program.

New Deal in Charges Against Kanawha Prosecutor

Kanawha County’s prosecutor has 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.
 
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.

Meanwhile, Kanawha County commission president Kent Carper says this matter will be thoroughly discussed at the commission meeting on Thursday. Carper says since Plants cannot prosecute any cases involving domestic violence and child abuse due to conflict of interest, a special prosecutor had to be hired for those cases. Carper says while Plants is in pre-trial monitoring, the special prosecutor could cost the county up to 300 thousand dollars.

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