CHARLESTON, W.Va. -- Kanawha County prosecutors lack jurisdiction to press bigamy charges against a Charleston man for having two wives.
One count of felony bigamy against John Adam Herr, of Teeter Road, was dismissed during a preliminary hearing on Friday, Prosecutor Mark Plants said.
Kanawha Prosecutor Dan Holstein filed a motion to dismiss the case because it has to be prosecuted in the county where the second marriage allegedly took place.
Charleston police said Herr married Kasey Ratliff in Monongalia County on Oct. 19, 2011, while still legally married to Ashley Westerman-Herr. The marriage with Westerman-Herr ended on Nov. 9, 2011.
Plants said he is recommending that Monongalia County Prosecutor Marcia Ashdown take up the case for prosecution.