Instead of heading to trial, Elijah Maxwell’s attempted robbery case has been remanded to drug court, after Jefferson County Superior Court Judge Keith Harper approved a motion Feb. 24.

Harper informed Maxwell, 18, who appeared via video from Jefferson County Jail, that he would be released from jail Monday, Feb. 27, with his first appearance in drug court set for Thursday, March 2.

“You do realize, if you agree to this, then the court and Safe Harbor will be the boss of you?” Harper asked as he checked with Maxwell, who agreed to the terms set forth by Harper.

Harper predicted drug court would run at least a year and a half for Maxwell, a Port Townsend resident. While the successful completion of the program would mean charges could be dismissed, if Maxwell fails to comply with the rules and requirements to the point that he is kicked out of the program, Harper would again be in charge of his fate.

As Harper explained, he could find Maxwell guilty simply by reading the police reports, since he’d be under no obligation to offer Maxwell a trial, by jury or otherwise, nor would any witnesses be called.

“Your residences will need to be approved, and you’ll be subjected to random [urinalyses],” said Harper, who added that Maxwell could be ordered to apply for jobs or perform community service, and would be barred from associating with any drug users.

Maxwell had pleaded not guilty Feb. 10 in Jefferson County Superior Court on a charge of first-degree attempted robbery at Sea Breeze Gas & Grocery Store in Port Townsend. He was originally set to stand trial March 27-28.

CASE HISTORY

Port Townsend police officers were dispatched to Sea Breeze at 1408 Sims Way at 9:08 p.m., Monday, Feb. 6.

An employee of the gas station told the officers that a man had come into the store, demanding she give him the money from the register or he would beat her with a stick he was carrying, according to a press release from Detective Patrick Fudally.

The suspect left the store before police arrived, without the employee turning over any money.

The clerk told police the suspect was wearing goggles similar to those of a biplane pilot, as well as a black hoodie and a beanie.

A Washington State Patrol trooper arrived, and a man fitting the description given by the clerk was found that same day, near Hendricks and Seventh streets, police said. The man was determined to be the suspect, based on his goggles and beanie, Sgt. Troy Surber told The Leader.

Maxwell told investigating officers that he’d gone into the Sea Breeze to obtain money to “get out of this town.”