The federal case against the man charged with killing 23-year-old Iryna Zarutska on a light rail train in Charlotte, N.C., continues even after a state psychology test found the defendant was “incapable to proceed” with a trial.
There will be a separate federal competency determination, U.S. Justice Department officials said Thursday.
The public defender’s office filed a motion on April 7 revealing Decarlos Brown Jr.’s mental health evaluation at Central Regional Hospital, a North Carolina state psychiatric hospital, that determined he was incapable of proceeding in his case.
A judge still has to accept the findings of Brown’s December mental evaluation, and the court could proceed if it determines Brown’s mental capacity is restored, WBTV reported. However, if the judge determines Brown is not capable to stand trial, the charges would be dismissed.
That won’t affect the federal case, however, noted Harmeet Dhillon, assistant attorney general for the Justice Department’s Civil Rights Division.
“Folks: I had a great call this morning with our US Attorney in Charlotte. Brown remains in federal custody and so the parallel state proceedings are in no way dispositive. There will be a federal competency determination and prosecution track taking precedence,” Dhillon said in a post on X Thursday.
In addition to state charges, Brown also faces federal charges and is in custody at an Illinois federal prison, the outlet reported. He was indicted in October on charges of violence against a railroad carrier and mass transportation system resulting in death, and he will also be receiving a mental evaluation in the federal case. In conjunction with those charges, Brown could also face the death penalty based on a 2015 conviction for armed robbery.
The video of the stabbing murder of Zarutska, a Ukrainian refugee, captured national attention in 2024, including from President Donald Trump.
The graphic video from the Charlotte light rail train shows that at 9:46 p.m. on Aug. 22, 2024, Zarutska boarded the train and sat down in front of Brown. At 9:50 p.m., cameras appeared to show Brown allegedly stabbing her to death. He claimed he acted because Zarutska was reading his mind.
The Mecklenburg County District Attorney’s Office accepted the public defender’s request to continue the case and delay by 180 days a hearing on whether to seek the death penalty, WBTV reported.
Legal experts said North Carolina has limited space in its psychiatric facilities, WBTV noted, and some defendants can wait more than a year for space to open.
