It looks like alcohol was a contributing factor.”

Deputy Prosecutor Melissa Pleimann

A Port Townsend man has been charged with second-degree malicious mischief after he allegedly kicked out the front window of the Anchor Bar after the bartender refused to serve him because he was drunk.

Nathan Nikolaas Botha, 42, was arrested by Port Townsend police just before 9:30 p.m. Sunday, Oct. 9 for the felony allegation, as well as resisting arrest.

Police responded to the bar on Water Street at 8:31 p.m. Sunday, Oct. 9 and witnesses said a man had come in to the establishment but was denied service due to his intoxication.

The man, later identified as Botha, allegedly kicked a foosball table on his way out and, once outside, turned around and kicked in the window. A witness said he was last seen walking to Uptown.

Police searched the area and one officer went to the Uptown Pub to talk to the bartender in case the man showed up. When the officer went outside the pub, a woman told the officer of a man with a backpack who was passed out near the intersection of Garfield and Tyler streets.

Officers found the man, still unconscious, on a nearby lawn, lying face up on the grass.

He matched the description of the person who had broken the window at the Anchor, and when he was woken up and handcuffed, the man was described as “very intoxicated and incoherent,” according to an incident report from the Port Townsend Police Department.

Officers said Botha became angry when told he was being arrested, and then passively and then actively resisted arrest as he was led to a patrol car, cussing at officers on the way.

Once inside the police car, Botha began hitting his head against the vehicle door.

Botha was taken to Jefferson County Jail after he was medically cleared at the hospital.

A blood-alcohol test at the jail resulted in a reading of .273.

The damage to the window at the bar was estimated at $1,000.

Botha made his first appearance in Jefferson County Superior Court Monday, Oct. 10.

Deputy Prosecutor Melissa Pleimann noted that Botha had six prior arrest warrants, with the most recent one dating back to 2006, and did not object to Botha’s release on a promise to appear back in court at his next hearing.

“It looks like alcohol was a contributing factor to the charges that have been filed,” Pleimann said.

Superior Court Judge Keith Harper agreed with the conditions of release, but prohibited Botha from having any contact with the Anchor Bar.

Botha entered a pleading of not guilty during his arraignment on the charges Friday, Oct. 14.

His trial was set for Jan. 9 through Jan. 12.

Second-degree malicious mischief is a felony that can result in a maximum sentence of five years in prison and a $10,000 fine.