Tumwater councilman likely to avoid DUI trial

Arrest: Prosecutor says McClanahan will receive deferred prosecution

CHRISTIAN HILL; The Olympian | • Published July 09, 2009

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Neil McClanahan, a Tumwater city councilman and mayoral candidate, will be granted deferred prosecution after his arrest for drunken driving, a city prosecutor said.

McClanahan appeared briefly in Olympia Municipal Court on Wednesday, where his lawyer and the city prosecutor, Kalo Wilcox, agreed to continue a pretrial hearing until Sept. 15 and where he waived his right to a speedy trial.

The delay gives McClanahan time to be evaluated by a state-certified drug treatment provider, a first step toward being granted deferred prosecution.

The provider will determine if he suffers from alcoholism and, if so, will recommend a treatment plan for the court’s approval.

“The deferred prosecution will be granted,” Wilcox said. “There is no question.”

The Legislature established deferred prosecution as an alternative to punishment for people who have a drug addiction and are found to benefit from treatment. It can only be granted once.

If granted, the charge against McClanahan would be dismissed in three years if he completes the intensive two-year treatment program and complies with all other conditions imposed by the court.

McClanahan must agree to have an ignition interlock device installed in his vehicle. He must surrender his driver’s license and be issued a probationary one.

Olympia police arrested McClanahan on May 21 after a motorist noticed him driving erratically before pulling into a parking lot to pick up his dog from an animal day care center in west Olympia. The responding officer found him passed out in his vehicle with the engine running. His blood-alcohol level was measured at more than three times the legal limit.

He pleaded not guilty to driving under the influence the next day but said he would not contest the charge.

McClanahan vowed to press on with his mayoral campaign despite the arrest, asking voters to remember his long record of public service as Thurston County undersheriff and councilman, as well as his active role in many community efforts, including fighting homelessless.

“I’m more than my disease and that’s why I’m running for office,” he said.

He said he’s struggled with alcoholism since he retired as undersheriff in March 2007. He had voluntarily entered treatment twice. His arrest came shortly after he ended 10 months of sobriety.

He faces four challengers, including two incumbent council members, Mayor Pro Tem Pete Kmet and Councilwoman Joan Cathey, in the August primary election. The two other opponents, Justin Kover and David Raatz, are political newcomers.

McClanahan acknowledged his concern that the matter won’t be resolved by the primary, but noted although he could have delayed it past the November election, he chose not to.

If elected, McClanahan said the demands of participating in the treatment program would not interfere with his duties as mayor because he’d schedule to avoid conflicts.

McClanahan said residents he’s talked to while door-knocking have been understanding, but he’s received a clear message from them: “Don’t blow this.”

McClanahan reported that as of May 10 he’d raised $3,215, according to campaign finance records from the state Public Disclosure Commission. He’s raised $1,330 since June 1. In that time, Cathey and Kmet, who launched their campaigns later, have raised $1,625 and $2,770, respectively.

It’s unclear how much Kover and Raatz have raised. Both have decided not to raise or spend more than $5,000 on their campaign and therefore don’t have to file fundraising and spending reports with the PDC.

Christian Hill: 360-754-5427

chill@theolympian.com