The defense for the man accused of killing a Ukrainian refugee on a Charlotte light rail in 2025 said federal examiners determined he is currently incapable to proceed in his federal criminal case, according to court filings.
DeCarlos Brown Jr. faces both state and federal murder charges in the Aug. 22, 2025, light rail stabbing of Iryna Zarutska. She was 23 years old.
Other WRAL Top Stories
A motion filed by the defense Thursday asked for a hearing to determine Brown's competency. It detailed Brown's history of mental illness and impairment.
It says an evaluation done by federal mental health examiners with the Department of Justice-Bureau of Prisons found him not competent for four reasons:
- Brown has a mental illness and mental defect
- Brown does not have a factual understanding of the legal system of his legal situation because of his mental illness
- Brown cannot make rational case-related decisions because of his mental illness
- Brown cannot work with his defense attorneys because of his mental illness
Brown was found "incapable to proceed" on the state murder charge brought against him in April. He is federally charged with violence against a railroad carrier and mass transportation system resulting in death, which he could face the death penalty for if convicted.
The defense requested Brown be moved into the custody of the Attorney General for secure hospitalization for no more than four month. The motion said the four-month period will give mental health professionals time to determine whether Brown is likely to become competent.
The court document said if he is found competent after the four months, he will be discharged back to the jail and the court will set a date for his trial. If he is still not competent after the four months, but believed to become competent, it says he may remain hospitalized for a period of time.
The defense emphasized that a commitment for competency restoration does not mean he will be released or his criminal case will come to an end.
The United States Attorney for the Western District of North Carolina filed a memorandum requesting a competency hearing for Brown. In that filing, it said even if Brown's competency was never restored, he would still be subject to civil commitment proceedings.
No hearing date has been set.