The killer's defense is seeking a 180-day extension to delay the hearing on the death penalty and thus avoid trial.
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DeCarlos Brown Jr., the man who stabbed Ukrainian refugee Iryna Zarutska to death on a train in the city of Charlotte, North Carolina, in August, was declared “incompetent” to appear at a key hearing in his case, according to a new court file filed.
This file presented by Brown's defense on Tuesday of this week argues that the psychiatric evaluation carried out in December of the defendant determined that he “is not fit for trial.” The document also notes that the next court hearing in the case cannot take place while Brown remains in federal custody for his parallel case.
Under this new scenario, the defense attorney argues that, if the court accepts the findings of this psychiatric expertise, any treatment to attempt to 'restore the mental capacity' of the defendant cannot be executed while he is in federal custody. And that, if state prosecutors agree, the hearing of Rule 24, in which a judge determines if the prosecution can seek the death penalty, should be postponed for 180 days
. Democratic Justice: Iryna Zarutska's killer seeks to avoid trial after being declared “incapable”
The Iryna Zarutska Case
The cause of the brutal murder of the Ukrainian refugee has only one defendant, who faces a murder charge by the state of North Carolina, as well as a federal charge for exercising violence on public rail transport resulting in death. In both cases, prosecutors are seeking capital punishment.
With this new psychiatric expertise, Brown's defense seeks to postpone the hearing that will determine if this type of punishment can be requested by prosecutors while the accused is serving preventive detention in federal prison.
Zarutska, who had fled her country of origin due to the war to seek refuge in the United States, was stabbed to death in August last year. After his arrest, Brown was heard telling his sister that “the material used on my body stabbed the lady”. Brown's family has stated that he has schizophrenia and that for that reason he should get rid of the
death penalty. Democratic Justice: Iryna Zarutska's killer seeks to avoid trial after being declared “incapable”
