Kanawha County prosecuting attorney wants domestic battery charge dismissed

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.