Former North Beach School District Superintendent Andrew Kelly is scheduled to appear in the West District Court of Klickitat County on Wednesday, May 25, for a hearing in a drunken driving case.

Bingen City Prosecutor Chris Lanz filed a motion for release of evidence and to revoke deferred prosecution last week.

Kelly was offered deferred prosecution by the court on May 31, 2017. Kelly had been cited with driving under the influence and reckless endangerment on March 12, 2017, while serving as superintendent of Lyle School District.

On the night of his arrest, Kelly’s vehicle had been reported driving erratically three times on Interstate 5 and once on Highway 14. He was also suspected of driving around private property and a yard in Skamania County.

“I observed the vehicle halfway into the oncoming lane. I stopped the vehicle contacting the driver Mr. Kelly who denied drinking alcohol. He submitted to and failed field testing with a PBT result of .147. He was arrested for DUI. A loaded handgun in the vehicle was seized. His 13-year-old [redacted] was released to a friend,” states a deputy report from the Bingen-White Salmon Police Department.

Kelly provided two breath samples while at the police department; both were accepted by the BAC Datamaster with results of 0.129 and 0.129, according to the incident report. The legal limit in Washington is 0.08.

In May 2017, Kelly was offered deferred prosecution for five years contingent upon completing a two-year alcohol treatment program and agreeing to “maintain total abstinence from alcohol, mood altering drugs, and marijuana (except as prescribed by a physician) during the period of deferral.”

While that period of deferral is up this month, Kelly recently admitted to consuming alcohol in a voluntary audio recorded statement to the Ocean Shores Police Department. On March 12, 2022, Kelly provided a statement to the police department after he was accused of sexually assualting a current member of the North Beach School District Board of Directors at his home a few months prior.

The alleged assault is said to have occurred on Sept. 3, 2021, a date on which Kelly admitted to consuming alcohol.

“I don’t believe that I was intoxicated, I know I had a couple glasses of wine,” said Kelly in the statement.

Kelly denied the alleged assault and the city prosecutor declined to press criminal charges against Kelly due to a lack of physical evidence and a delay in reporting. He has, however, admitted to violating the terms of his deferred prosecution in Klickitat, prompting the city prosecutor to make a motion to revoke Kelly’s deferred prosecution.

“In the event the Court finds cause to revoke the Deferred Prosecution, the stipulated police report(s) shall be admitted into evidence. The Court will then enter judgment based on said report(s) and, if appropriate, sentence Petitioner according to law,” states the terms of Kelly’s deferred prosecution.

According to North Beach School District Board of Directors President Jessica Iliff, the board was unaware of Kelly’s deferred prosecution.

“None of us on the board currently were on the hiring board for Andrew Kelly. With that said, I do not know what their knowledge was of the deferred sentencing. No one on the current board, including myself, knew of the deferred sentencing until recently,” she said.

Kelly reached a separation agreement with the North Beach School District on April 23, where Kelly resigned from his current employment contract effective June 30, 2022. Kelly was previously placed on paid leave where he has remained since a March 13 Special Meeting of the North Beach School District Board of Directors.

The board has yet to comment on the nature of Kelly’s suspension and subsequent resignation.