SEATTLE — An announced candidate for Clallam County’s top criminal prosecutor post appeared in King County District Court on Tuesday after he was arrested for investigation of intoxicated driving and drug possession by Seattle-Tacoma International Airport police late Sunday evening.
David R. Fox, 49, allegedly brandished a sheathed knife to a ticket agent and drove away while intoxicated, police said.
Fox was arrested at about 11 p.m. on investigation of driving while intoxicated, possession of marijuana and drug paraphernalia, and possession of prescription drugs without a prescription.
The Port Angeles attorney has said he intends to file as a Democratic candidate for Clallam County prosecuting attorney during the filing period this week. He had not filed as of Tuesday.
Deadline at the courthouse in Port Angeles is 4:30 p.m. Friday.
Clallam County Auditor Patty Rosand said he could still file if he was able to mail the filing form and check to the office by the deadline.
Rosand said it would be a first for a candidate to file for a local office from jail.
Incumbent Deb Kelly, a Republican, and two Democratic challengers, Lauren Erickson and Larry Freedman, have filed for the position.
Washington State Bar Association spokeswoman Judy Berrett said she couldn’t confirm that the organization is investigating Fox but said it would consider penalties against Fox if he is convicted of any charges.
Penalties could include temporarily suspending him from practicing law in the state or disbarment.
Stopped truck
Port of Seattle Police Sgt. Jim Tuttle said an officer stopped Fox’s truck after the attorney allegedly pulled a sheathed knife from his belt while speaking with a United Airlines ticket agent.
Tuttle said that Fox — who he described as wearing a floppy hat, khaki shorts and a Hawaiian shirt — was speaking erratically to the ticket agent and then asked the United Airlines employee if the person would like to see his knife.
A police report said Fox had “repeatedly” pulled the knife from his belt.
Police stopped his truck before he left the airport, Tuttle said.
He said an officer said that Fox was intoxicated but it wasn’t known if the allegation was specifically being under the influence of alcohol or drugs.
An officer also found marijuana, two brands of prescription drugs, and a marijuana pipe in the truck, Tuttle said.
‘Running for office’
“The driver was unsteady on his feet and kept repeating the same questions, telling me over and over that I need to call the Clallam County Sheriff’s Office so they could tell me who he was and that he was running for office,” the officer wrote in a police report.
“He told me over and over that he is an attorney, and that I have no right to stop him.”
Tuttle said police are not recommending charging Fox for allegedly brandishing the knife because he kept it sheathed and wasn’t “overtly threatening.”
It’s not illegal to possess a knife before passing the security gate, he said.
Authorities did not know where Fox was intending to fly or if he had just landed at the airport.
Fox had previously told the Peninsula Daily News that he was planning to leave town last Thursday to visit family and expected to return last Tuesday.
His truck was parked in the check-in drive.
Fox is being held in King County jail in Kent. He had not bailed out as of Tuesday, according to the jail roster.
He appeared in King County District Court on Tuesday and a judge set his bail at $3,000. A public defender is representing him.
Charges Thursday
Formal charges will be presented in court on Thursday, according to court documents.
The arrest came two days after the state Attorney General’s Office said it would not file charges against Fox after investigating allegations of sexual misconduct with a former client and introduction of contraband into Clallam County jail.
The state agency chose not to file charges due to a lack of evidence and discrepancies in the client’s claims, it said.
It handled the investigation on behalf of the Clallam County Prosecuting Attorney’s Office.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
