Defense attorney: DeCarlos Brown ‘incapable to proceed’ on state murder charge

CHARLOTTE — The family of Iryna Zarutska may have to wait even longer for the man accused of killing her to face a judge.

The defense attorney for DeCarlos Brown, who has been in federal custody for months, is now asking the court to delay his next hearing by six months.

A newly filed two‑page motion outlines several arguments for the delay, including a mental evaluation that found Brown “incapable to proceed” on the state murder charge.

Channel 9 was with the Zarutska family’s attorney, Lauren Newton, as the documents became public.

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According to the filing, Brown was evaluated at Central Regional Hospital in December.

A report dated December 29, 2025, concluded he was not capable of moving forward in the state case. A judge has not yet ruled on those findings.

The motion notes that the state could request treatment aimed at restoring Brown’s capacity, but that cannot happen while he remains in federal custody. The document says prosecutors agreed with that assessment.

Newton said the family is willing to accept a delay if it ultimately leads to justice.

“I think they want what the public wants, which is justice,” Newton said. “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.”

Brown is accused of stabbing and killing Zarutska on a CATS Blue Line train in August. The two did not know each other.

The case drew national attention, including public comments from President Trump, who said Brown deserved the death penalty.

Brown is facing federal murder charges, and a spokesperson for U.S. Attorney Russ Ferguson said the federal case, including any competency determination, is separate from the state proceedings.

The District Attorney’s Office responded to Channel 9 reporter Hannah Goetz’s question regarding the death penalty policy, saying:

“The DA is sworn to follow the law. As such, each case is evaluated on a case-by-case basis to determine the existence of legally required aggravating circumstances and, should those circumstances exist, whether the death penalty is warranted under the facts and circumstances of the case.”

The state has not announced whether it will pursue capital punishment.

“Was he competent?”

Channel 9 reporter Jonathan Lowe spoke with Attorney Morris McAdoo, who is not involved in this case but has experience with capital trials, and explained how such determinations are made.

Doctors assess whether a defendant can comprehend what is happening and meaningfully participate in their trial.

McAdoo noted that another clinician could reach a different conclusion, something a judge would ultimately weigh during a competency hearing.

The motion also states that if treatment could restore Brown’s capacity, it cannot begin while he remains in federal custody. The state has agreed with that assessment.

McAdoo emphasized that the evaluation does not answer a critical question: “Was he competent to form the criminal intent, to commit the crime that he committed?”

That determination will play a major role in how the case proceeds — and in how Zarutska’s family processes this latest development. Their attorney said the family continues to trust the legal process.

“I think they want what the public wants, which is justice,” said McAdoo. And 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.”

Click here for in-depth coverage of the light rail stabbing >>

In the days after the deadly stabbing, Channel 9 pressed CATS leaders about why the train car where the attack happened was not staffed with security.

CATS officials said it was not feasible to have personnel on every train at all times.

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.

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