Zarutska’s Murderer Deemed Incompetent, Lawyer Seeks Delay
The system that captured and released Decarlos Brown is incompetent, but a judge has yet to determine whether to accept the defense’s request.
Early last September, millions of Americans were horrified to see August 22 surveillance video of 35-year-old Decarlos Brown Jr., a schizophrenic vagrant in Charlotte, North Carolina, rise up from his seat on a light rail train and repeatedly stab 23-year-old Ukrainian refugee Iryna Zarutska in the neck. She bled to death on the floor of the train as other passengers belatedly realized what had happened.
This week brings news that Brown’s public defender has filed a motion to have him declared “incapable to proceed” to trial for first-degree murder based on a December 29 evaluation at Central Regional Hospital. North Carolina law requires that defendants must be able to understand the nature of their charges, comprehend their role in court proceedings, and help their defense in a “rational and reasonable manner.”
The attorney is seeking a 180-day delay of Brown’s scheduled April 30 hearing.
Social media immediately lit up with news that Brown may totally evade justice for his crime, but the truth is that there’s still time. The judge hasn’t yet decided whether to accept the motion. According to the New York Post, “If a judge agrees Brown is incompetent to stand trial, state law mandates the charges be dismissed. However, if the judge issues the ruling without prejudice, state murder charges could be refiled if he ever regains his capacity to be tried.”
In short, Brown’s lawyer is playing the same delay game that defense attorneys often play — whatever it takes to help their client get off the hook or pay a lesser penalty.
It’s worth noting, however, that Brown also faces a federal charge — according to the Justice Department, “one count of committing an act causing death on a mass transportation system.” That charge will be harder to evade, and he’s currently in federal custody in Chicago. President Donald Trump has called for the death penalty, though state prosecutors have not indicated if they will pursue capital punishment.
Like many other crimes these days, this murder never would have happened if the system itself weren’t “incapable to proceed.” Prior to murdering Zarutska, Brown had been arrested and released by North Carolina authorities an astonishing 14 times. If he’s “incapable” of facing trial, was he not “incapable” of being released?
After the murder, Charlotte Mayor Vi Lyles displayed the Left’s usual toxic empathy. She likened Brown’s issues to treating cancer and argued, “We will never arrest our way out of issues such as homelessness and mental health.” That is manifestly wrong, as this specific case illustrates.
Soon after the story blew up, I argued that Zarutska’s murder should prompt changes. Fortunately, there were some. Within two months, the Republican-led legislature passed and Democrat Governor Josh Stein signed “Iryna’s Law,” which banned certain forms of cashless bail and imposed stricter requirements for pretrial release of violent offenders.
In Charlotte, city authorities made far more meaningless overtures. According to WSOC-TV Charlotte, “Since then, the transit system has implemented several changes. Those changes include new posters explaining how riders can report concerns, installing a system-wide camera, having off‑duty officers provide 24‑hour coverage, providing de‑escalation training for staff, ongoing efforts to add proof‑of‑payment verification, and continued exploration of creating a dedicated CATS police force.”
Posters, eh? Well then.
The big picture here is that the leftist idea of “compassion” is nothing of the sort. Brown and many others like him should not be repeatedly released to roam the streets because authorities want a compassionate response to their suffering (usually under systemic racism). That endangers the rest of us and costs lives like Zarutska’s. Instead, violent offenders should be either incarcerated or involuntarily committed to long-term treatment facilities.
“I think they want what the public wants, which is justice,” said Zarutska’s family’s attorney of the possible delay. “They’re putting their faith in our justice system and feel very confident in our district attorney and our federal prosecutors that they’re not rushing this and they’re going to get it right.”
Here’s hoping Brown doesn’t literally get away with murder simply because he’s crazy.
