(José Niño, Headline USA) DeCarlos Brown Jr., the African American man accused of fatally stabbing Ukrainian refugee Iryna Zarutska on a Charlotte light rail train, has been found “incapable to proceed” on his state murder charge, the News & Observer reported.
Brown, 35, faces both state and federal murder charges in the August stabbing death of the 23-year-old Zarutska. He previously told police he was diagnosed with schizophrenia, according to The Charlotte Observer report. The results of his capacity evaluation were disclosed in a motion his state public defender filed in Mecklenburg Superior Court on Tuesday.
Attorney Daniel Roberts asked a judge to again postpone Brown’s Rule 24 hearing, at which prosecutors would have announced whether they intend to seek the death penalty in the case.
President Donald Trump previously called for Brown to receive the death penalty, The Charlotte Observer noted. However, a de facto moratorium has blocked executions in North Carolina for the past 20 years, The Charlotte Observer added.
The Rule 24 hearing originally scheduled for April 30 was previously delayed to allow time for a capacity evaluation. Under North Carolina state law, a defendant is deemed capable to proceed if they can understand the nature of their charges, comprehend their role in court proceedings, and help their defense in a “rational and reasonable manner.”
Brown’s evaluation report was completed inside Central Regional Hospital on December 29, Roberts wrote. Despite the results being ready, Brown cannot appear in state court.
He will remain in federal custody while his federal murder charge proceeds, Roberts stated in the motion. A U.S. magistrate judge previously ordered a second federal psychiatric examination for Brown’s federal case.
Roberts requested that the state hearing be paused for six months, and prosecutors from Mecklenburg District Attorney Spencer Merriweather’s office indicated they would accept that delay, Roberts wrote.
José Niño is the deputy editor of Headline USA. Follow him at x.com/JoseAlNino
