Dannie Ray Peck, a man accused of murdering a Hauser man last October and burying the body on the North Spit has been moved from the Coos County jail to the state mental hospital in Salem.

“He could be up there for up to three years,” said Chief Deputy Coos County District Attorney R. Paul Frasier. “I don't think it will be that long. He could be back tomorrow.”

According to court records, Coos County Circuit Judge Richard Barron ordered Peck be committed to the state mental health hospital March 21 after a request by defense attorneys following a report from a doctor who evaluated Peck's mental state.

“The court notes that Dr. (Carlene) Shultz finds that the defendant is able to understand the nature of the proceedings against him, but that he is unable to assist and cooperate with counsel and is unable to participate in his own defense,” Barron wrote.

According to the court order, Peck is to be committed to the Oregon State Hospital “for evaluation and treatment until such time that the defendant is able to assist and participate in his defense.”

After three years, if the court determines Peck is not mentally capable of ever going to trial, the criminal charges would be dismissed, which would, in turn, trigger formal commitment proceedings to the state hospital for life.

The director of the state hospital has 60 days to determine if Peck is mentally competent to stand trial.

Despite Peck's hospitalization, Frasier said the prosecution is undeterred and preparing for a monthlong jury trial in October.

“We're proceeding as if the dates are still a go,” Frasier said.

Peck's next scheduled court appearance is an omnibus hearing set for May 11.

Coos County jail administrator Lt. Brad Cook said Peck has twice been transported to Salem for mental evaluations since his arrest last fall. Both Frasier and Cook noted the turn of events is not uncommon for cases of this magnitude.

Frasier said both Ward Weaver, a former North Bend man convicted of killing two girls in Clackamas County in 2002, and Edward Paul Morris, a Tillamook man convicted of murdering his pregnant wife and three children in the Tillamook State Forest in 2004, spent time at Oregon State Hospital before their convictions.

Morris spent 30 days at Oregon State Hospital, while Weaver was committed for three months. After their stays, courts ruled both men were competent to stand trial.

The state law known as the aid and assist statute requires that those on trial understand the nature of the court proceedings against them. They also have to participate in their own defense and cooperate with their lawyers.

At a preliminary hearing in November, Peck complained loudly about his court-appointed attorney, Gerald Petersen, indicating he wanted the court to appoint another lawyer. At the time, Frasier said Peck could not articulate a valid reason to replace Petersen.

Criminal court staff said today Petersen's attorneys still are listed as Petersen, of the Corvallis-based law firm of Petersen, Dunfield & Fahy; and William Dials, of Charleston.

Peck's defense attorneys did not return phone calls for comment on Friday.

Last fall, the jail administrator said Peck had been periodically held in what jailers call the mezzanine section of the Coos County jail - what prisoners refer to as the hole - due to aggressive behavior.

Peck is facing two counts of aggravated murder - a capital offense that could lead to the death penalty. Peck also faces three other murder charges, two counts of first-degree robbery, one count of first-degree kidnapping and a charge of unauthorized use of a vehicle.

Peck was arrested Oct. 4, 2005, after an emergency caller reported a man had been assaulted at the Wagon Wheel grocery store in Hauser, loaded into a white Ford pickup truck and driven away. Peck was later discovered near the Trans-Pacific Parkway on Coos Bay's North Spit amongst sand and beach grass.

Police found the body of John F. Hildebrand of Hauser six feet away.