Pubdate: Thu, 19 Mar 1998 Source: The Herald, Everett, WA, USA Contact: http://www.heraldnet.com Author: Scott North, Herald writer Note: You can contact Scott North by phone at 425-339-3431 or by e-mail at Comments can be sent to TOWNSEND OWNS UP TO DRINKING Prosecutor Opts For Treatment Over Trial SEATTLE -- Snohomish County's top criminal prosecutor acknowledged a serious drinking problem Wednesday by agreeing to an intensive two-year treatment program instead of facing prosecution for drunken driving. Jim Townsend, 44, was granted a deferred prosecution during a brief hearing before King County District Court Judge Darcy Goodman. The move doesn't mean that Townsend has ducked the charge, but he won't be prosecuted and can ask the court to remove the incident from his driving record after two years. The treatment alternative often is allowed for first-time drunken driving defendants who admit they have a drinking problem and are willing to seek help. "We are going to treat Mr. Townsend no differently than anybody else. We have no objection," King County deputy prosecutor Dennis McCurdy told the judge. Townsend was stopped by a state trooper on Dec. 13 on I-5 near south Everett, after another motorist using a cellular telephone called to report alleged erratic driving. Arrest reports and most other records related to the case have not been released by law officers, prosecutors or the judge. McCurdy on Wednesday said Townsend's blood-alcohol content when arrested was somewhere between .16 and .17. It is against the law to drive with a blood-alcohol level above .10. The Legislature recently lowered the level to .08, effective January 1999. King County prosecutors filed the charge against Townsend in Seattle after being asked to review the case by Townsend's boss, Snohomish County prosecuting Attorney Jim Krider. Krider asked for an out-of-county review because of the obvious legal conflict the case created for his office. Townsend has been a prosecutor in Snohomish County since 1978 and supervises the criminal division, advising on cases large and small and, from time to time, doing trial work, including the recent successful prosecution of an aggravated murder case. He had been considered a strong contender for appointment to a Superior Court judgeship by Gov. Gary Locke, but withdrew his name in December within days after his arrest. Townsend left the courtroom Wednesday without speaking with reporters and could not be reached for comment. He was on vacation from work this week. Judge Goodman was presented a detailed accounting of the proposed treatment program for Townsend, but she declined to permit reporters to review those files. McCurdy said Townsend will be required to complete two years of outpatient treatment programs, including individual and group counseling sessions. His treatment begins late this month. Townsend's progress will be monitored by King County probation officials, Goodman said. Part of Wednesday's procedure included Townsend agreeing with police reports pointing to his guilt. If he commits any crime or fails to complete treatment, his deferred prosecution will be revoked and he'll be hauled back into court for a bench trial on the drunken driving charge, McCurdy said. In that case, Townsend will not be able to raise a defense and the judge will make her ruling based solely on the police reports, he said. "You know that if you get revoked, you are going to be found guilty," McCurdy said. The prosecutor added that Townsend was granted a deferred prosecution because he is eligible for the program, and for no other reason. "I've done everyone imaginable, from athletes to executives on down," he said. Seattle Seahawks head coach Dennis Erickson sought a deferred prosecution in 1995, after he was cited for drunken driving near Marysville. His blood-alcohol content tested at .23. Besides being ordered to have no additional offenses, Erickson was required to attend at least 208 Alcoholics Anonymous sessions during the next two years, according to court records.