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Accused mass killer sent to State Hospital By DAVID RUPKALVIS For The World

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Oen Evan Nicholson, seen in this video still buying ammunition the day he allegedly killed four people, has been placed in the State Hospital after it was determined he could not aid or assist in his own defense.

The criminal case against a man accused of killing four people in North Bend in 2021 has stalled after Oen Evan Nicholson was determined to be unable to assist or aid in his defense. Coos County District Attorney R. Paul Frasier said Nicholson was transported to the State Hospital in October in an effort to improve his mental condition so he can assist in his trial. Frasier said he is concerned Nicholson may never face justice for his alleged crimes unless his mental condition improves. By state law, he can spend three years at the State Hospital receiving mental healthcare before a final

determination on whether he can be held for trial will be made. However, a ruling by a federal judge could push that deadline up even further. Last year, Judge Michael Mosman ruled in a lawsuit against the State Hospital that defendants can only be treated for one year before a final determination on whether they can aid in their defense is made. Under that ruling, if a defendant cannot aid in his own defense due to psychiatric reasons, the charges must be dropped. The Mosman ruling, and a later decision he made to uphold the ruling, is due to a 20-year-old federal case. The case centered around the fact that limits at the State Hospital have made it impossible to move many inmates from county jails to

the hospital in the seven-day window required by law. Frasier said that was true with Nicholson, who waited three weeks for a bed to open up after Judge Martin Stone ordered Nicholson to be treated at the State Hospital. Frasier said the ruling has already forced his office to drop charges in two cases, and he is concerned the Nicholson case could reach that threshold. “I’m really kind of worried about it because I don’t know how long it will take,” Frasier said. “I’m concerned because if it’s going to take more than a year to get him back where he should be, they will ship him back to us.” Nicholson was arrested in June

David Brock Smith appointed to fill Senate District 1 vacancy

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Oregon’s top leaders shift from pageantry to politics By GARY A. WARNER Oregon Capital Bureau

With the pageantry and pleasantries of Monday now over, Oregon’s new governor and legislative leaders face six months of partisan politics to hammer out a new state budget and up or down votes on progressive policy plans. Gov. Tina Kotek on Tuesday signed three executive orders she outlined during her inauguration speech the day before. Two are largely symbolic — declaring a homeless emergency and ordering state agencies to make the issue a top priority. The third would fast-track new housing to take pressure off the lack of homes for sale and the high price of rental units. After organizational sessions Monday, the Legislature adjourned until next Tuesday, Jan. 17. That’s when the clock starts on the constitutionally mandated 160-day session that must end by June 25. New faces in new places After a decade of stability — critics would say stagnation — at the top of state government, 2023 brings a massive turnover in nearly every part of government. Kotek takes over from Kate Brown, who had served since 2015, when, as secretary of state, she replaced Gov. John Kitzhaber, who resigned over an influence-peddling scandal. The

Oregon Supreme Court is now led by Chief Justice Meagan Flynn, who was named to the job by Brown effective Jan. 1 after then-Chief Justice Martha Walters retired. November’s election left Democrats in control of both the House and Senate, but pushed their numbers under the three-fifth mark that for the past four years had allowed passage of tax and other financial legislations without needing any Republican votes. The 35-25 split in the House means at least two Republican votes are needed to pass financial bills. Democrats hold 17 seats in the Senate and need at least one vote from the 12 Republicans and one Independent to pass similar legislation. The Senate on Monday selected Democrat Rob Wagner of Lake Oswego as the first new Senate President since 2003. In the House, Dan Rayfield of Corvallis was again chosen as speaker, a job he held part of last year after Kotek stepped down from the job she had held for a decade and resigned to run for governor. The Republican minority leadership has changed more often in recent years. Sen. Tim Knopp, the veteran lawmaker from Bend, returns as GOP leader. House Minority Leader Vikki Breese-Iverson, Please see LEADERS Page A4

By DAVID RUPKALVIS For The World

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Oregon Gov. Tina Kotek waves to the crowd as she is sworn in the governor of Oregon last week.

North Bend honors 9-1-1 dispatchers The World

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The North Bend City Council takes a photo with the 9-1-1 dispatchers honored Tuesday for the service to the community.

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Police Blotter

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Obituaries

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Citing critical staffing shortages and public safety concerns, the North Bend City Council authorized the transfer of 9-1-1 Dispatch Services to Coos Bay in December 2021. During Tuesday night’s Council Meeting, Police Chief Gary McCullough together with Fire Chief Jim Brown recognized the four telecommunicators for their service to North Bend and community. Each were presented with a shadow box, which hare typically presented to members of law enforcement, fire departments and military personal. These shadow boxes will usually contain the various badges, medals and awards a person has earned through their career. • Holly Booras (7 years of exemplary service) • Maycie Dibble Jaehnig (2 years of exemplary service) • Janel Dunning (15 years of exemplary service) • Kelly Andrade (15 years of exemplary service) Opinion

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Days after he was appointed assistant leader of the Republican Caucus in the Oregon House of Representative, David Brock Smith learned he will be changing jobs. On Wednesday, Coos, Curry, and Douglas County commissioners met in a joint session to fill the vacancy in Senate District 1 created by the resignation of Dallas Heard (R-Roseburg). The commissioners voted unanimously to appoint Brock Smith (R-Port Orford) to the post. Heard announced late last year that he was resigning early, sending a one-sentence notice to Senate Republican Leader Tim Knopp. “I am writing to inform you that I will be resigning my elected position as State Senator for Oregon Senate District 1 effective 12:01 am January 1st, 2023,” Heard wrote. He later said the decision to leave the Senate was one of the hardest he ever made, but he felt he needed to spend more time at home with his children. Around a week after he announced he was leaving the Senate, Heard endorsed Brock Smith as his replacement. On Wednesday, the county commissioners made the appointment official. Douglas County Commissioner Tim Freeman chaired the special meeting Wednesday. Freeman said Republican committee members in the three counties chose five candidates to be considered. The candidates included Brock Smith along with Douglas County residents Tim Allen, Tom Dole, Richard Vander Velden and Todd Vaughn were picked. Two of those candidates, Vander Velden and Vaughn were disqualified after the secretary of state’s office determined they were not eligible. On Wednesday, the three remaining candidates were given five minutes to introduce themselves, and they then answered questions from the commissioners. After the discussion, all nine commissioners voted for Brock Smith. “I am humbled to be chosen to replace my friend and colleague Dallas Heard in the Oregon State Senate with this unanimous vote by the County Commissioners of our three counties,” said Brock Smith. “I was honored by the overwhelming support of the precinct committee person’s during Please see BROCK Page A3

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