Mental Health Association of Portland

By Barbara LaBoe, The Daily News Online, April 6, 2013

Oregon State Hospital

The 130-year-old state mental hospital treating accused cop-killer Daniel Armaugh Butts has a storied history, including filming of the 1975 Academy award-winning film “One Flew Over the Cuckoo’s Nest.” When it comes to patients like Butts, though, the focus is on their future — and determining whether they’ll return to face criminal charges.

Oregon State Hospital, a mix of sleek, modern buildings wrapped around the iconic red brick and white copula of the historic “J Building,” houses about 600 patients on any given day. Nearly three-quarters of them have been charged with a crime.

About a fifth of the patients are like Butts — those who have been court-ordered to receive psychiatric care until they’re well enough to stand trial. These patients present OSH doctors with an interesting quandary: Helping their patients recover, only to watch them return to court and possible prison terms. Butts, for example, faces the death penalty if convicted of the Jan. 5, 2011, shooting of Rainier Police Chief Ralph Painter.

“You do think about that,” Dr. Christopher Lockey, chief psychiatrist at Oregon Health & Science University and director of forensic evaluations at OSH said during a tour of the hospital last month. “It can be hard knowing they’re going back to jail and prison, but it’s still rewarding to see patients get better regardless of the legal considerations. … We have very sick people here, and we do our best to improve their lives.”

Patients like Butts are known as “370 patients” for the section in Oregon state law that allows judges to order such treatment. Last year the hospital averaged 107 such patients on any given day.

Butts was sent to OSH by Columbia Circuit Court Judge Ted Grove in February after defense experts testified the 23-year-old Kalama man is schizophrenic. Grove found that Butts isn’t competent to assist is lawyers with his defense. His criminal trial is on hold until doctors — and ultimately Grove — agree Butts is better.

Each case is unique, but odds are Butts will return to court.

“The vast majority go back,” Lockey said.

While it’s a secure facility with electronic doors and video cameras, OSH is a hospital first, officials said.

Hallways resemble a cross between a college dorm and a community hospital. Rooms include a bed, dresser and desk, with community rooms and laundry facilities near the central nurses station. Smaller “sensory rooms” also are available where patients can sit quietly, listen to music or watch a soothing light show.

Patients eat in a cafeteria and take classes on “treatment malls” — a hallway of classrooms that patients move through based on their schedule. In between they walk through several courtyards that dot the inside of the facility. The hospital’s baseball field is the only part of the structure that has a fence, and it was designed with a curved top and anti-grab material instead of the razor wire seen at a prison.

Patients are segregated into different locked units based on their illness, progress with treatment and any particular risks they might pose to staff or patients.

Most of the hospital is just two years old. The new hospital was built to replace aging facilities after a 2005 state report found unsafe conditions and outdated treatment methods.

Turn certain corners though, and you’re “stepping into history,” as Dr. Arthur Tolan, director of Forensic and Legal Services, describes entering the remaining parts of the 130-year-old “J Building.” Portions of the building were used in “One Flew Over the Cuckoo’s Nest” filming, though most of those were removed during construction of the $280 million new hospital in 2011. The historic structure now houses offices, some treatment rooms and the state’s Museum of Mental Health — including an exhibit on the film.

Many of the hospital’s patients will eventually return to their communities or less restrictive treatment. Even some 370 patients are likely to return home or to group homes after serving out sentences, having charges dropped or improving mentally after being civilly committed. So treatment for all patients at OSH is now designed to prepare them for the outside world.

“The whole concept is really personal choice, independence and personal responsibility,” Tolan said. “We want to give hope, a sense of moving forward.”

That treatment comes with a hefty price tag.

The hospital spends $247,000 a year — $678 per day — housing and treating each 370 patient.

Patients are legally responsible for their bills, and the fees stay on the books until their deaths. But it’s unlikely most 370 patients will ever be able to pay their bills. Butts, for example, has already been found indigent in his court case and received state-appointed defense lawyers.

Despite the cost, Lockey said the treatment is necessary to protect the rights of the accused.

“Society has decided it’s not going to prosecute people who aren’t responsible (due to mental illness),” he said. “Even when that’s a struggle.”

Hospital officials couldn’t discuss Butts directly, citing privacy reasons, but they said all 370 patients follow the same general routine.

After initial evaluation, a treatment team is assembled, including a psychiatrist, psychologist, social worker, nurse manager, the patient and possibly family members.

The team determines a patient’s specific problems and he or she can then choose from several classes that address those needs. Hospital spokeswoman Rebeka Gipson-King likens it to a community college course fair. Actual treatment for 370 patients is the same for every other patient, only the classes might vary, Lockey said. They’re also all kept on one of the most secure units of the hospital — at least initially.

A 370 patient likely would take classes such as symptom management and medication management as well as psychotherapy and group sessions, Lockey said. They can sign up for recreation, such as yoga or basketball, but even those are designed to teach patients to follow rules and interact with others.

“Everything, even recreational activities, are teaching certain skills,” Tolan said.

All 370 patients also take a class on the legal system.

“You don’t want people to stand trial if they don’t understand the process,” Lockey said.

In Butts’ case, he also will take antipsychotic medication prescribed by defense-hired doctors. If he refuses, as he did while in the Columbia County Jail, Judge Grove has ordered that Butts be forcibly medicated.

Reports on 370 patients’ status are due to the judge at 90 days and then every 180 days. Reports also can be sent more frequently if a patient is making speedier progress. The first report on Butts is due to the court in mid June.

Once the treatment team thinks improvement has been made, they ask for a forensic psychiatrist to evaluate the patient. The evaluators also work for the state, but they’re not part of the treatment team, nor do they work for prosecutors. The separation allows evaluators to remain more objective, Lockey said.

The final decision about whether a patient is now competent enough to assist his lawyers is made by the judge — not the doctors. If there’s dispute, defense lawyers present their own experts before the judge rules.

The length of stay at OSH varies with the illness and crime a patient is charged with. Patients cannot be kept at the hospital on 370 status longer than the maximum sentence for their crimes. For patients facing serious charges, like Butts, the maximum limit is three years.

After three years without improvement the patient might be civilly committed or could be released back into the community. Patients might also be re-indicted for the crimes and sent back for more treatment. Columbia County District Attorney Stephen Atchison has said it’s highly unlikely Butts will ever be released without a trial.

Last year, 67 percent of the 307 patients at the hospital were found able to return to court, but Lockey said the numbers are even higher when you count patients there for more than one year and whose stay straddles two calendar years. Overall, hospital evaluators declare between 80 to 90 percent of all 370 patients able to return to court, he said.

“We’re pretty good at treating people and moving them forward.”

By Rob Manning, OPB News, Feb. 27, 2013

Daniel Butts

The man accused of killing Rainier police chief Ralph Painter has been found incompetent to stand trial. Judge Ted Grove ruled on the competency of Daniel Butts Wednesday afternoon.

LISTEN - Butts found incompetent (OPB News report)

Police say Butts fatally shot Painter more than two years ago, after the chief had responded to reports of an attempted car theft.

Butts’ defense team argued over the course of several days that their client was unable to cooperate with them because he had a mental illness. The defense’s psychiatrist suggested Butts might be suffering from schizophrenia.

Police say Butts appeared lucid when they first questioned him.

Prosecutors contended Butts was faking it, in the face of aggravated murder charges.

Judge Grove has now ruled that Butts is not able to aid and assist in his defense.

In official comments filed at the courthouse, the judge has mandated that Butts be returned to the Oregon State Hospital.

The judge’s comment mandates treatment including “the involuntary administration of anti-psychotic medications.”

Recently released mental health reports give glimpse into life, mind of accused murderer

From the The South County Spotlight, May 16, 2012

By many accounts, Daniel Butts is troubled.

But the question remains: Is the murder suspect mentally fit to face his charges in court? Butts’ competency to “aid and assist” in his defense – a legal requirement for trial proceedings to continue – will be determined by a judge following continuing evaluations at the state mental hospital.

Butts faces 24 charges, including aggravated murder – a crime that could carry the death penalty if convicted – for his alleged slaying of Rainier Police Chief Ralph Painter outside a car stereo shop on Jan. 5, 2011.

Recently released mental health reports give the most detailed public look yet at the 22-year-old Kalama, Wash., man.

The reports – based on numerous evaluations from mental health professionals in 2011 – were revealed April 30, nearly one year after lawyers for The Oregonian newspaper filed motions for the documents to be made available. Entire sections of the 74 pages of reports were redacted before entering the public record.

Because of Butts’ refusal to speak during multiple interviews with psychologists, much of the information contained in the reports is based on interviews with his family and others close to him.

The following are details revealed in numerous mental health evaluation reports from 2011:

Family history

* Butts was raised mostly by his biological father Mikel Butts in Washington, along with a younger sister, 18, and older brother, 26. He also reportedly has four half-siblings. In a Jan. 9, 2011, hospital interview video, mental health professionals used to gather information, Butts said his father and biological mother, who separated when he was 7, “don’t get along too well.” Mikel had full custody of the children while his mother provided child support.

* Butts’ mother told psychologists her family has a history of drug addiction, alcoholism and various mental disorders. She said she was diagnosed with manic depression in 1988. Two of her other sons – Butts’ stepbrothers – had experienced psychotic episodes and also “auditory hallucinations of ‘heaven and hell,’” she said. Neither she, nor Mikel Butts, said they knew where those two sons were at the time.

* During an October 2011 interview with Butts’ mother, psychiatrist Jerry Larsen noted the woman lived in a house without running water, heat or an indoor toilet. The outside of the property was apparently cluttered, as was the interior, with “books, magazines, a variety of articles piled floor to ceiling, leaving only a U-shaped path through the room.”

* Butts and his father also reportedly would wrestle to the point of causing noticeable injury to them both. Mikel Butts said his son was prone to anger and aggression just like him. “Like father, like son,” he said. Mikel Butts was reportedly court-ordered to participate in domestic violence treatment for undocumented reasons.

The months before

* Butts’ parents said their son had been exhibiting unusual behavior in the months leading to his arrest. His father said his son had difficulty obtaining employment after quitting his prior job when he was denied a raise. Butts also called his father “Mike” instead of the usual “Dad.” Mikel Butts said his son began to be “withdrawn and depressed.” The father also noted that Butts would need reminders to bathe and would lie “horizontal for days.” When Butts made a slight misjudgment while fixing a damaged headlight, Mikel Butts said his son began crying. At other times, Butts’ father said his son was laughing “too hard for the moment.”

* In mid- to late-December, Butts reportedly hit the family dog over the head with a splitting maul, causing lacerations, because, as his father recounts his son saying, “She was looking at me.”

* Butts’ mother said her son was disoriented and appeared to be under the influence of drugs in the short time before his arrest. After his arrest, Butts’ blood and urine were tested for drugs, but the results were negative. Numerous accounts indicate Butts was a marijuana user, and one of his Kalama friends told The Spotlight in early 2011 she did not believe he used harder drugs.

* Two days before the shooting, Butts reportedly entered his mother’s rural home near Rainier uninvited, taking off his clothes, lying down on her bed and beginning to masturbate, saying, “Mom, you want some of this?”

* Butts’ sister said while her brother was usually helpful, in 2010 he changed, refusing to assist her in changing a tire, for instance. During that time she said she told him she loved him, but the sister said he replied, “No you don’t.” She said her entire family recognized something was wrong with Butts in the months before the shooting, encouraging him to seek help, which he refused. She said he did confide to her that “something is wrong,” as he held his head in his hands.

* Mikel Butts said his son asked about taking ownership of the father’s ranch in late December 2010, as outlined in Mikel’s will. Mikel told interviewers he joked with his son that, “I’m not dead, yet.” Mikel said he felt threatened when Butts replied, “I should just kill you then.” The father said he removed him from that portion of the will the next day.

* Oregon State Hospital psychologist Brooke Howard said in a report – based on in-person observations of Butts, two interviews and reviews of recordings – she does not believe Butts was experiencing significant psychiatric symptoms in the weeks to months before his Jan. 5, 2011, arrest. She said it did appear he was “facing financial stressors, showing some erratic behaviors at times and distress after learning his former girlfriend was getting married.” She wrote he may have some biological predisposition to a “mood or psychotic disorder,” but there is not enough evidence to show he has a major mental illness in either the recent or * Psychiatrist Larsen disagrees, saying in his report “with reasonable medical certainty, Daniel Butts suffers from a serious mental illness, psychotic in nature, likely schizophrenic in type.”

After the arrest

* Butts appeared to be cooperative in the first few weeks after his incarceration, according to testimony. But following an arraignment on Jan. 26, 2011, he reportedly became oppositional and troublesome.

* That February, jail staff said Butts went on a brief hunger strike. During that time he also mostly stopped verbally communicating.

* In April 2011, Howard reported that Butts appeared to be adapting better to life in jail, with improved cooperation, compliance and demeanor. The psychologist pointed out those presumed improvements occurred without mental health services or psychotropic medications.

* Before his arrest, Butts was clean shaven and slender, but now sports an unkempt beard, long hair and appears much heavier.

* A female Columbia County Jail officer reported Butts put his penis through a slot on his cell door as she was serving breakfast.

* Butts developed an infection after he was found to be stabbing himself repeatedly in the head and neck with a pencil on the eve of the one-year anniversary of Painter’s slaying. Jail staff said he continually refused treatment for his lingering head wound. He also reportedly refused to take his prescribed psychotropic medication.

* For most of the last year, Butts’ attorneys said he repeatedly refused to interact with them. At his Feb. 8, 2012, court proceeding, Butts sat silent with his head facing the ground, refusing to respond when Judge Ted Grove asked for his plea. His attorneys pleaded “not guilty” on his behalf.

From The Oregonian, April 30, 2012

The heavily redacted mental evaluation report on Daniel Butts, the accused killer of Rainier Police Chief Ralph Painter, contains very little information not revealed in court during his aid and assist hearing earlier this year.

READ – the not-redacted Aid & Assist judgement from Columbia County Judge Ted Grove, February 2, 2012

But the report—released today by Columbia County Judge Ted Grove after The Oregonian filed motions a year ago that the reports be made public—does shed new light on the 22-year-old man’s behavior in the Columbia County Jail. [This document was not made available to the public beyond The Oregonian - and not posted by The Oregonian.]

Butts was arrested on Jan. 5, 2011 after police say he wrested Painter’s gun away and then shot the chief in the head at a Rainier stereo shop.

Daniel Armaugh Butts March 23 2012

A Columbia County grand jury indicted Butts on nine counts of aggravated murder, which could carry the death penalty, and other charges including attempted aggravated murder, robbery, burglary, theft and unauthorized use of a vehicle.

Last December and again in January, Judge Grove heard expert testimony from mental health professionals, as well as police officers, on Butts’ behavior before and after the shooting.

The hearings weren’t held to determine Butts’ mental state at the time of the shooting, but whether he is able to assist his defense attorneys during a trial. In the past year, Butts was evaluated several times both at the Columbia County Jail and at the state hospital in Salem, where he stayed for 20 days last July.

Grove ruled that Butts could assist his attorneys in his defense, saying he believed Butts was “gaming the system.”

But earlier this month Grove ruled that Butts be returned to the Oregon State Hospital in Salem for additional mental health evaluation. Grove made the decision during a hearing on a writ of habeas corpus filed by Butts’ attorneys, said Columbia County District Attorney Steve Atchison.

The writ stemmed from the treatment of a self-inflicted wound Butts suffered when he stabbed himself in the forehead with a pencil in January. The wound became infected, but Butts refused treatment, officials said.

While by all accounts Butts was a difficult inmate, almost a year to the day after he was arrested for Painter’s murder, jailers observed Butts standing near the toilet in his cell “striking himself in the head, neck and face.”

The officers ordered him to stop, but when they approached Butts he ran and slid under his bunk. When he refused to come out, officers shocked him with a Taser. During the scuffle, officers fell on the “slicked up floor” as Butt kicked at them. He was stunned again, handcuffed and stunned a third time.

Despite their efforts, Butts continued to resist. He was then placed in a restraint chair, and again “he remained uncompliant,’’ according to a letter from Dr. Jerry Larsen contained in the report to Butts attorneys, Patrick Sweeney and Dianna Gentry. Officers placed a “spit hood” over Butts head to keep him from spitting at the officers.

Corrections deputies noted three pencils stained with blood. The following day, paramedics examined the wounds and told officers they were superficial.

According to another jailer, during an interaction with Butts he stuck his penis in the pass through of the cell door, and “almost threw it towards me.”

Several days after he was shocked with a stun gun, Butts (who by then had been moved to special holding cell) asked to be returned to his regular cell.

An officer asked him if wanted to hurt himself and he told them no. When the officer told Butts he was concerned that he might have to use his Taser on Butts, Butts said “That will not be necessary. I’ll be good.”

By Stuart Tomlinson, The Oregonian, Thursday, February 02, 2012

Columbia County Sheriff
Daniel Butts

Daniel Butts, the 22-year-old man accused of gunning down Rainier Police Chief Ralph Painter in January 2011, is “gaming the system” and can aid in his own defense, a judge ruled Thursday.

Columbia County Circuit Court Judge Ted Grove said “it is not my intention to determine his mental health as I do not find that his behavior, while most disturbing, (is) other than calculated.”

Evidence indicated that Butts modified his behavior when he realized he was being observed at the Oregon State Hospital and changed his behavior when doctors told him he was harming his health, the judge said.

All that supports “a finding that the defendant is gaming the system,” Grove concluded.

Butts, of Kalama, Wash., was arrested on Jan. 5 after police say he wrested Painter’s gun away and then shot the chief in the head. A Columbia County grand jury indicted Butts on nine counts of aggravated murder, which could carry the death penalty, and other charges including attempted aggravated murder, robbery, burglary, theft and unauthorized use of a vehicle.

Mikel Butts, father of accused killer Daniel Butts, reacts to judge's ruling that his son can aid in his own defense

Butts was not at the judge’s ruling (read the ruling here) Thursday, but his father, Mikel Butts said afterward that his son needs help. He called Painter “a bully with a badge… maybe he got what he deserved. Maybe he was so full of himself he was going to take care of it his way… there’s another side to the story.”

Grove will now schedule a trial for Daniel Butts.

In December and again in January, Judge Grove heard expert testimony from mental health professionals, as well as police officers, on Butts’ behavior before and after the shooting.

The hearings weren’t held to determine Butts’ mental state at the time of the shooting, but whether he is able to assist his defense attorneys during a trial. In the past year, Butts was evaluated several times both at the Columbia County Jail and at the state hospital in Salem, where he stayed for 20 days in July.

Closing arguments were made a month ago by Columbia County District Attorney Steve Atchison, and Butts’ attorney, Patrick Sweeney.

Dr. Jerry Larsen testified in early hearings that Butts likely suffers from schizophrenia.

Butts’ sister told Larsen that shortly before the shooting, Butts believed he could foretell the future. “That’s a delusion and part of his psychosis,” Larsen testified.

Amy Painter, widow of Chief Ralph Painter, has attended every one of the hearings held to determine Daniel Butts' ability to aid in his own defense.

But Judge Grove repeated testimony given by forensic psychologist Brooke Howard of the Oregon State Hospital, who testified that Butts behavior were purposeful and “not the product of mental disease or defect.” He said Butts had recently been Tasered at the Columbia County Jail due to disruptive and fighting behavior, and had stabbed himself in the face and neck with a pencil.

Painter’s widow, who was accompanied by family members, declined to comment on the ruling.

Columbia County Sheriff Jeff Dickerson said “The judge rendered a good decision based on all the facts and what we’ve seen over the past year. I think we’re ready for trial.”

Judge Grove said he would schedule a conference to set a trial date “at the next available date.”

By Stuart Tomlinson, The Oregonian, Dec. 21, 2011

Daniel Butts (R) sits next to one of the lawyers representing him, attorney Dianna Gentry. (Image: Bill Wagner/Longview Daily News)

ST.HELENS — For six hours Wednesday, the lead attorney for the man accused of gunning down Rainier’s police chief went back and forth with a forensic psychologist for the Oregon State Hospital over the mental competency of Daniel Butts.

When the session ended, the only thing certain was that Butts’ competency hearing will resume today at 10 a.m.

Butts was arrested on Jan. 5, minutes after he is alleged to have killed Police Chief Ralph Painter during a struggle at an audio shop in Rainier. Police say Butts wrested Painter’s gun away and then shot the chief in the head.

A Columbia County grand jury indicted Butts on nine counts of aggravated murder, which could carry the death penalty, and other charges including attempted aggravated murder, robbery, burglary, theft and unauthorized use of a vehicle.

The competency hearing is not to determine Butts’ mental state at the time of the shooting, but whether he is now able to aid and and assist in his defense during trial.

In the past year, Butts was evaluated several times both at the Columbia County Jail and at the state hospital in Salem, where he stayed for 20 days in July. At Wednesday’s hearing, he was seated to the left of his lawyers, Patrick Sweeney — his lead attorney — and Dianna Gentry. His hair has grown long and curly, and he now has a full beard; he was dressed in dingy, orange-striped prison garb.

Sitting on the bench was Columbia County Circuit Court Judge Ted Grove, who will determine if Butts can assist in his own defense and in the courtroom was Painter’s widow, Amy Painter. She was first in line to enter the courtroom, accompanied by other family members and at least one Rainier police officer.

There was a wide range of testimony, but some of the most interesting was the ongoing back and forth between Sweeney and forensic psychologist Brooke Howard of the Oregon State Hospital.

Daniel Butts (Image: Columbia County Sheriff)

Howard was the first of four expert witnesses expected to testify but the only to take the stand Wednesday. Butts was in the state hospital from July 7 to July 27, where Howard observed him, met with him three times and interviewed him once. She also reviewed audio and videotapes made by detectives in the first hours and days after Painter’s killing.

Sweeney asked Howard to explain a mental disorder. Howard said that specific signs include not being able to function normally and added that psychotic symptoms can come from a medical condition, drug use or family history.

Howard also testified that delusions are false, fixated beliefs or irrational displays and said being catatonic is characterized by being out of touch, and showing disoriented behavior. Howard says Butts met none of those criteria.

Sweeney asked her if it’s true that a person who has a first-degree relative with schizophrenia is 10 times more likely to suffer from the disease. Howard said yes.

Sweeney then set forth a series of arguments about his client’s behavior leading up to, as he called it, “the incident.” He said Butts’ grades began slipping in his teens; that friends who saw him shortly before the shooting who hadn’t seen him in a year or more thought that he must be taking drugs because of his disheveled appearance. He also hammered home several points. Among them:

Butts behavior began to change in his late teens and early 20s, prime ages for the onset of schizophrenia; Butts suffered a head injury in a car crash at about the time his behavior changed; Butts was born prematurely and had low birth weight; his mother was taking lithium during her pregnancy and tested positive for marijuana; Butts could not get or hold a job from August 2009 up until the shooting.

Sweeney asked Howard if the fact that paramedics gave Butts benzodiazepine shortly after his arrest, a sedative, would affect her feeling that he does not suffer from a mental defect.

“The drug would not significantly change my perception of his interaction with detectives,” she said. “He was able to interact with police, and was not exhibiting schizophrenic behavior.”

After the hearing concludes, Grove could decide that Butts is competent to face trial, or he could send Butts to the state hospital for treatment, and then re-evaluated in the future.

More information:

Interactive timeline – Rainier police chief shooting (KGW.com)

Raw video from Daniel Butts’ court appearance Jan. 7, 2011 (KGW.com)

Rainier police chief killed, suspect wounded in shooting at stereo store (The Oregonian, 1/5/11)

Suspect Daniel Butts indicted in fatal shooting of Rainier Police Chief Ralph Painter (The Oregonian, 1/21/11)

Court session for accused killer of Rainier police chief cancelled by Daniel Butts’ angry outburst (The Oregonian, 1/26/11)

Defense attorneys: Doctors think Daniel Butts, accused killer of Rainier police chief, suffers from schizophrenia (The Oregonian, 2/9/11)

State hospital won’t have room for Daniel Butts for several weeks (TDN.com, 2/18/11)

Rainier City Council appoints Sgt. Greg Griffith to replace Chief Ralph Painter (The Oregonian, 3/8/11)

Doctor travels to St. Helens to evaluate accused shooter of Rainier Police Chief Ralph Painter (The Oregonian, 3/18/11)

Mental health evaluation is complete on Daniel Butts, man accused of killing Rainier Police Chief Ralph Painter (The Oregonian, 4/18/11)

Judge grants The Oregonian’s request to release mental health evaluation of Daniel Butts (The Oregonian, 6/22/11)

Family of fallen Rainier Police Chief Ralph Painter unveils memorial stretch of U.S. 30 (The Oregonian, 10/24/11)

Daniel Butts

It could be mid-March before the Kalama man accused of murdering Rainier Police Chief Ralph Painter is sent to a state hospital for a mental evaluation, officials said Friday.

Daniel Armaugh Butts, 21, is being held in the Columbia County Jail awaiting transfer to the Oregon State Hospital in Salem. The order to transfer Butts for a mental evaluation was signed by Circuit Court Judge Ted Grove on Feb. 11.

Butt’s lawyers said at the time he needed immediate treatment for what they called a mental breakdown. The court order was to transfer Butts as soon as possible.

Officials at the hospital have advised jail officials that they don’t have room for Butts just yet, Columbia County Jeff Dickerson said Friday.

The hospital didn’t have an exact date, but officials there told jail officials they “envisioned the middle of March as when they’d have room,” Dickerson said.

Once at the hospital, the evaluation could take up to 30 days, according to Columbia County District Attorney Steve Atchison. Butts’ arraignment and trial on 24 charges — including aggravated murder — are on hold pending the outcome of the exam. A Jan. 26 arraignment had to be called off after Butts interrupted the reading of the charges, disagreed with his lawyers and complained jail guards were making too much noise.

Defense lawyers have declined to speak with the press about the case or their client.

The exam ordered for Butts will evaluate only whether he is stable enough to assist with his defense as his lawyers prepare for trial. It is not a determination about his mental state during the Jan. 5 shooting or whether he’s responsible for his alleged actions.

His lawyers, in court papers, say doctors have found that Butts is hearing voices and is likely bipolar and experiencing a mental break. The evaluation — done by state doctors — is to see if the alleged mental problems are inhibiting Butts’ ability to work with his lawyers.

If he is found to be mentally impaired, Butts would be treated in the state’s forensic psychiatric services unit until he is fit to go to trial and then would be returned to Columbia County to face the charges.

Butts is charged with killing Painter, 55, Jan. 5 after the chief responded to a report of a suspicious person outside a West Rainier car stereo shop. According to grand jury indictment, Butts assaulted Painter, took his pistol and shot him in the head.

Butts also is accused of firing at other police officers as they responded to the scene and of shooting at a nearby church before he was shot and taken into custody. A bullet remains in Butts’ back, and he’s receiving medical treatment in jail.