Iryna Zarutska Murder Suspect Found Incompetent to Stand Trial at State Level
The judge still needs to accept the findings.
A North Carolina state psychiatric facility concluded that Decarlos Brown Jr, the homeless man accused of murdering Iryna Zarutska, is incompetent to stand trial in the state’s case.
Stacey covered Zarutska’s murder:
Zarutska boarded the Charlotte (NC) Light Rail system on Friday, August 22nd, just before 10 pm after her shift at a local pizza restaurant, and four minutes later, she was stabbed to death in what police say was a random attack, allegedly by a violent repeat offender who is well known to local law enforcement.
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The footage shows the suspect, 34-year-old Decarlos Brown Jr., in the moments leading up to the murder, Zarutska boarding the train and sitting directly in front of him, completely oblivious, of course, to what was about to happen, and in the moments after, where he’s seen walking to a train exit with blood dripping, presumably from the knife.
According to WBTV, professionals evaluated Brown at Central Regional Hospital and determined he was “incapable of proceeding” with the trial.
The judge still needs to accept the findings.
Brown’s public defender wants the court to continue the case, “specifically a hearing to determine whether the death penalty will be sought, for 180 days.”
Brown remains in federal custody in Chicago after a grand jury indicted him “for violence against a railroad carrier and mass transportation system resulting in death.”
It sounds like Zarutska won’t get justice soon:
In the court motion filed Tuesday, Brown’s attorney claimed that the court required capacity hearing cannot take place as long as Brown remains in federal custody. The attorney also argued that the court can’t order to restore Brown’s capacity while he’s in federal custody.
According to the court filing, the Mecklenburg County District Attorney’s Office agreed with the case being continued.
Brown has also been ordered to undergo a pyschiatric examination as part of his federal court case. However, court filings from March 6 indicate the examination isn’t completed and the evaluation period has been extended.
Several attorneys noted it is extremely rare for a defendant to go through the mental health evaluation and competency process at state and federal court at the same time.
Restoring a defendan’t competency can be an extremely lengthy process in North Carolina because of a lack of available space in psychiatric facilities. Some defendants can wait more than a year for a bed to open up in one of the state’s facilities.
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But of course….. Who’s surprised?
Surprise, surprise! The Retarded Black Defense strategy worked like a charm and now Brown won’t be held responsible or accountable for his heinous crime against an innocent woman on the subway. He’ll just be warehoused away at some mental health institution at taxpayer expense until some indefinite time in the future he may be finally be declared competent to stand trial. But I wouldn’t be holding my breath for that to happen. It’s disgusting that we let these retarded blacks literally get away with murder because they’re retarded blacks. Disgusting. That is all.
eot
His race has nothing to do with it. If he is incapable of standing trial (and so far that’s only one finding, that may or may not stand up to judicial examination), then of course he can’t be tried. That’s a physical reality. You can’t try someone if he can’t be tried. What is the alternative? Holding a mock “trial” that isn’t a trial at all?! How can anyone justify that? That’s what nazis and communists do. Show trials. Trials where no meaningful defense is possible. If you do that we’re no longer the USA and we deserve to be destroyed utterly.
I think that some of us believe that for this crime, no meaningful defense is possible – not even being incompetent to be tried.
Hostis Humanis. He forfeited his humanity by his inhumane act and is not entitled to rights reserved for humans. No doubt as to his guilt. Execute him.
Then throw away the constitution, and become nazi Germany.
Sanity test: he was sane enough to: get a knife and conceal it; get on the train, pick his target, know and state, I killed that “white bitch, “ then get off the train to escape, sane enough to be on welfare and get his hair done by a stylist. No question he planned, knew what he did and then tried to escape! Residential State and county psychiatric facilities have been closed and reduced in number by liberal politicians. No room at the inn so put him out on the street with the other insane homeless people and maybe he will kill more, “white bitches.” Keep the “libs” happy.
Screw you and the white horse you rode in on, Milhouse. I’m fecking tired of your liberal leftist nonsense. If he was competent enough to commit the crime then he’s competent enough to face the consequences of his actions. Period.
And yes, it has to do with race. Because every competent public defender faced with a black client accused of heinous crime like this will immediately request a “mental health evaluation” in the hopes they can get the coveted “retarded black” designation so that their client can avoid a trial and taking responsibility for their criminal acts and actions.
Brown is not the victim here. Stop treating him like he is.
eot
Well put. Thank you.
He’s incompetent to stand trial.
He’s too dangerous to let loose in society.
Democrats have removed Asylums for the Criminally Insane.
Find a tree and a rope.
Problem solved.
Your fellow grizzly agrees. Time was, we put down rabid animals.
No, they haven’t.
And asylum or not, he remains in federal custody until he can be tried. No one is proposing releasing him. If he’s remanded to a mental facility and is eventually found to have recovered his senses, he will not be released but will be tried; it will only be at that point that he will have a chance to present evidence that he was insane at the time of the crime and therefore should not be found guilty.
That depends on the state. In my state we have “Acquittal due to mental illness or defect”. The person is Acquitted, but becomes a ward of the Probate court and must complete a 5 year program and treatment, drug screening, and sobriety. The 5 years only starts once they are stable and released from our state mental hospital. During that 5 year period if they have even a single slip or get so much as a parking ticket then they are recommitted and have to go before the Probate court. The court will then either suspend their 5 years (basically put it on pause until they get straightened out and released.) or (most commonly) will Revoke their release status and when they get out of the state mental hospital their 5 years starts over. There is no limit to the number of times that they can face revocation.
I can’t remember what state it is but they have “Guilty but Insane” status, which means you go to the psych prison and sever the same time you would have if actually convicted.
But that is only after trial and a jury verdict. At this point we’re not even talking about that. We’re talking about even getting to trial, so no acquittal is possible. At this point — if the judge accepts this finding, which is not at all certain — he’ll be on hold until he’s found competent, and then tried.
Effectively, what was once a segregated single system for criminally mentally ill people *has* been eliminated in favor of corrections system treatment facilities (e.g. “diagnostic and classifications centers”), or simple separate units within existing state mental health facilities with higher security protocols. The latter are nowhere NEAR even medium-security standards. The former, well, can’t deliver the same level of care as a true in-patient facility and treatment falls through the cracks. APsychiatryA (vs APsychologyA—which also complains about it, but lacks the medical punch that Psychiatry holds), has been fighting
To finish: has been fighting with corrections officials at the state and federal levels for decades.
Yes, but however bad or good they are, the facilities do exist. Even if it’s just a prison cell identical to what non-insane people get, it’s something; it’s not release into the public.
He was competent enough to know what he did was wrong and needed to flee.
Maybe. That will be something to be determined at trial, if he ever gets one. But right now the issue is whether he’s competent to be tried in the first place.
Well, he’s already been found incompetent before and, because there were no facilities available, was effectively released back onto the streets – so it’s hard to see why this time would play out any differently.
It’s obvious that Iryna will never get justice in this life. Or country.
Shocker… not.
There’s a reason that the bar for successfully asserting an insanity defense in criminal trials is set appropriately high. The vast majority of mentally ill criminal defendants are still able to comprehend that their criminal actions were unlawful/morally wrong.
I get that the issue here is competence to stand trial, as a procedural matter, but the bar should be placed similarly high.
The bar for trial is that the defendant must be capable of understanding the charges against him, and to meaningfully assist in his defense.
I don’t understand how anyone can possibly justify trying someone who is incapable of these things? How could such a trial possibly not be a worse crime than whatever the defendant is charged with? It’s literally a defiance of the constitution and the freedom on which every single one of us depends. What is the point of having a USA if we pretend to try people who can’t defend themselves?
Competent enough to be out in society. Competent enough to obtain a weapon. Competent enough to commit the crime. Therefore competent to face the consequences of his actions at trial. Period.
And if the current justice system is unable to or unwilling to protect society from these people then perhaps we need to just stop bothering with the dysfunctional justice system and take matters into our own hands.
At what point do we just stop bothering with our current justice system?
I’ve said this before. I see a time of vigilantism returning, big time.
When we’re no longer the USA and have turned into our worst enemy, far worse than the UK in 1776, and need to be overthrown and destroyed.
Milhouse, although you may have a point, I find myself darkly amused at your straining at a gnat (justice for a vicious murderer) while ignoring a giant camel (63,459,781 abortions since 1973). Do you think the USA should be destroyed for the former, but not for the latter? God kind of frowns on child sacrifice. It was the main reason for the Babylonian Captivity.
The fact that we haven’t been destroyed already is due entirely to God’s mercy and grace.
I agree entirely. Abortion is a national crime; but the USA’s one saving grace is that it doesn’t perform abortions itself, but merely stands back and doesn’t interfere when others perform it. The equivalent is not Nazi Germany, but a regime that refuses to protect Jews and leaves them as fair game for anyone who may choose to harm them. Much like Soros prosecutors do to just about everyone.
blk matriarchy continues to control the narrative
so what if he “doesnt know what hes did/doing??
so fk what!!!!
thats more reason to keep him locked off>off the streets
but noooooooooooo
we have to be governed by childish people
they’ll send him to some drug clinic and when no ones looking release him to some half way house etc etc
the gop is firmly at fault here
this is one thing that they could have traded off with the welfare state
b/c the welfare state loves to lock up maga types
A totally different piece to this puzzle would require a sea change of legislation: abolish ‘not guilty by reason of insanity’, and replace it with ‘guilty, but insane’. Then, punish accordingly.
This is not about his sanity at the time of the killing. It’s about whether he can be tried. You can’t try someone who can’t understand the charges, or who can’t defend himself. That wouldn’t be a trial at all.
Sanity at the time of the event is an important aspect if it does ever go to trial.
I, as a physician of record, have no problem with locking up that animal in a hell house of his fellow murderous nutbags all looking to slit each other’s throats because of [voices in their heads, whatever] for the rest of his Satanic life. No problem at all. If he ever gets treatment to the point where he can be tried, fine. Then try him, if he’s convicted, then upon proper conviction, give him the needle or whatever.
Yes, exactly.
You may have no problem with it, but the probability it will happen is vanishingly small.
This country’s addiction to letting murderers live to see another day is becoming tiresome
I have no problem whatsoever with this finding. It clarifies the real issue. The people responsible for letting these rabid animals run loose should be publicly executed.
I think he was competent considering his stalking and following behavior. This seems fishy.
Whether he was competent at the time isn’t relevant right now. It will be relevant only when and if he can be tried. Right now the issue is whether he can be tried at all. If he’s incapable of assisting in his defense, or even of understanding the charges, then it’s literally impossible to have a trial; anything one could have would not be a trial as the term is used in the bill of rights.
If you are not competent to be tried and have committed a crime, especially a violent crime, you are also incompetent to live outside of a government facility.
Absolutely.
The courts closed those decades ago.
Yep. They made violent insanity a lifestyle choice.
Not totally on the Courts. Yes the standard for involuntary confinement was (correctly IMO) raised the threshold for ‘non dangerous’ individuals to a requirement of inability to function on their own. Unfortunately SCOTUS also allowed for on their own or with assistance of family/friends. That’s been a disaster. First its too lenient and second what happens when ‘family/friends’ ain’t available on a particular day the loon goes off the rails or worse the ‘family/friends’ give up on the loon b/c they got their own lives to live?
IMO the larger impact was financial. Medicaid doesn’t pay for working age adult patient care in Institutions for Mental Diseases (IMD exclusion). The Kennedy admin built out and funded the current community care model for mental health. Instead of it being a supplement it replaced the State Mental Hospitals due to funding, stricter standards for involuntary confinement/commitment. So a guy like this who’s Family (as I recall) had begged the State/local govt to lock up in the loony bin didn’t have anywhere they could send him.
It wouldn’t be that hard to build out mental confinement facilities for the dangerous and those who refuse to consistently take their meds. These are the irredeemable, incorrigible mentally ill who either don’t want care, refuse to follow care guidelines or are beyond the point of help. They need a place to be warehoused away from society. Currently that’s the prison system.
“what happens when ‘family/friends’ ain’t available on a particular day the loon goes off the rails or worse the ‘family/friends’ give up on the loon b/c they got their own lives to live?”
Hey, remember when an American sponsor was required to sign up to be financially responsible for every immigrant? Good times.
Tru dat.
Hence the tree and rope.
No one disputes that. No one is suggesting that he should be released.
Does the term, “sob sister”, have any resonance with you, at all?
No, I was unfamiliar with the term until I just looked it up on Wikipedia. Apparently it’s a derogatory name for female reporters.
“a grand jury indicted him ‘for violence against a railroad carrier and mass transportation system resulting in death.’”
Seriously? Violence against the transportation system? Screw the victim, get restitution for the STATE?
“Some defendants can wait more than a year for a bed to open up in one of the state’s facilities.”
There’s always the Canadian solution.
Or ask him if maybe he’d like to be the First Man on Mars.
The US Government has facilities to house the criminally insance (I know, not the approved terminology) while this animal has been set free before because NC did not have an available spot to securely house him.
I’m good with prosecution for criminal acts involving railroad locations if it gets him declared incompetent to stand trial and consigned to St. Elizabeths or other facility where he doesn’t get out to endanger society again.
criminally insane
Could you list out the Federal Mental Institutions you speak of as well as explain why Federal taxpayers should be on the hook for confining them? IMO giving the Federal Govt power is almost always a bad idea.
That’s the federal charge. What other federal crime did he commit? This story is about the state charges for the murder itself. But it’s complicated by the fact that he’s not in state custody, so the state has no direct access to him; it has to go through the federal authorities.
the lefts narrative continues to win>> gun violence
when its their people
but let a wht sing a song with an N lyric and its the whole race of whts thats dangerous
I think we used to deal with this in the past by doing a frontal lobotomy.
https://youtu.be/xZ8V1PfU6zU?si=dkU16KnjZwn7fPLl&t=131
Let the governor of NC take responsibility by housing him in the governor’s mansion.
Gee, what a surprise. Not really, next they’ll let him out because it would be cruel to keep him in jail even though he’s incompetent to stand trial for murder
No, that is not one of the options being considered or ever likely to be.
He used a knife not a gun.
Shhhhh! You’ll make Gaby and Mark “feel unsafe!”
The Marxists Judges are failing us. The citizens are the prey to their street thugs that they keep throwing back out of prisons.
Competency is the criminal knowing the difference between the judge and a banana. It’s sickening that a low IQ Black can get off after murdering a helpless woman. OH. And he was competent enough to know he had murdered a “White”and announced it throughout the train car, like he had won a prize. That’s plenty competent enough for any reasonable judge.
It’s the moron judge that’s actually “INCOMPETENT.”
Competency is the accused knowing what he’s doing in the courtroom, why he’s there, what he’s charged with, and being able to communicate with his lawyer so the lawyer has some idea of what to say at trial and isn’t left just guessing.
It’s not that simple, Mildew. The definition varies greatly by state. In some states it means was he capable of recognizing right from wrong when he committed the crime. In other states it covers the entire gamut from pre-crime to when the “state electrician” (indulge me in a bit of historicity here, okay?) throws “the switch”. I don’t know what that state’s particular definitions are. Either way, a pile of psychiatrists and psychologists will fight in court over it. The psychiatrists are physicians, the psychologists are not. Doesn’t matter, but to some jurists and juries, it does. TA DA…there ya go.
You’re talking about insanity as a defense. But that doesn’t even arise until he gets to trial. This is about whether he can even get there. At this point his state of mind at the time of the crime doesn’t matter. All that matters is his state of mind now. A determination that he’s incompetent doesn’t get him off, it just postpones the trial until he is competent. Only then does his state of mind at the time of the crime become an issue.
Do you have ANY sense of humour? It must have been surgically removed.
Why do you take yourself so seriously? Don’t you have a wife or a life? Years ago there was a jerk who left by popular demand. RAGSPIERRE ? Just like you, he fantasied that he had an official job of compulsively critiquing.
Too many of your comments go on, and on, and on……….. . ~yawn~……………………………………………………………………………
…………………………………………………………………………………………..
You’re a tiresome BORE and take yourself entirely too seriously.
This is an interesting discussion.
The point I’m interested in: was there any way this man could have been incarcerated or institutionalized so that the innocent citizens of Charlotte would be safe?
If so, why wasn’t he?
If not, then Charlotte is unsafe to live in or visit and no tourism or conventions should be allowed without warnings.
Whether or not we think this guy should be tried and executed in spite of his “incompetence to stand trial”, do any of us trust our government(s) to keep him safely institutionalized?
The gubberment’s failure record is long, impressive, and a point of pride for demoncraps/communists and RINO globalists..
Calm down a bit, folks. The “finding” was by a panel of psychiatrists, people who tend not to believe in the criminal justice system to begin with. A judge has yet to rule whether the murderer is competent to stand trial or not. That will be the actual judicial ‘finding.’ I believe the county prosecutor is opposing the defense’s motion to rule that he is incompetent to stand trial.
Having done many such competency evaluations, it has been my experience that the accused are just as mentally ill as the many other members of our society who deal with their illness without choosing to brutally murder others. The presence of a mental illness does not excuse sociopathy, and those who try to use it for such a purpose are doing a grave injustice to the overwhelming majority of people who do manage to live with their disability without victimizing others. Incompetence to stand trial is based on the presumption that the accused must be restored to some arbitrary level of functionality before they can be held accountable, and therefore treated for their mental conditions before they are even allowed to make a NGRI defense. In practice this creates a perverse incentive to resist improvement in order to remain in a relatively more comfortable setting for as long as possible, or until some judge arbitrarily decides they’ve been there long enough and dismisses the charges.
Other than applying the Vulcan Mind Meld, how does one determine whether someone is incompetent to stand trial or is just faking it?