CHARLESTON, W.Va. (WSAZ) -- A special magistrate assigned to the case against Kanawha County Prosecutor Mark Plants denied Plants' request to withdraw from a previous agreement that required him to attend an intervention program in Putnam County.
Plants' attorney, Jim Cagle, filed a motion last week asking Magistrate Mike Flanigan to set trial dates for the misdemeanor charges filed against Plants instead of him participating in an intervention program.
Plants is charged with domestic battery of his 11-year-old son. Investigators say he hit the boy more than 10 times with a leather belt back in February.
Plants is also charged with violating a domestic-violence protection order.
During the hearing, Magistrate Flanigan denied the motion to withdraw the pretrial monitoring agreement order.
Special Prosecutor, Sid Bell, who was appointed to the case, says the order entered Friday requires Plants to enroll in the intervention program in Putnam County that was originally agreed upon by both parties.
Bell says the court warned Plants that noncompliance could result in revocation of bond and commitment to jail.
A compliance hearing is set for August 27 in Charleston. Bell says Attorney Cagle told the court that he will file another motion asking that the cases be set for trial. If that motion is filed, the motion will be heard on August 27.
Meanwhile, Kanawha County Commissioners filed a petition Friday morning in circuit court asking to remove Plants from office.
Kanawha County Commissioners voted unanimously to move the petition forward. It means a three judge panel has to decide if Plants should keep his job or not.
Since those charges were filed, a judge ruled that neither Plants, nor members of his office, are allowed to try similar cases. The county has spent more than $92,000 for a special prosecutors to take over those cases.
The petition was filed just after 9 a.m. Friday.