Man accused of killing Ukrainian refugee 'CANNOT stand trial'

A North Carolina homeless man accused of murdering Ukrainian refugee Iryna Zarutska in a brutal on-camera attack has been found 'incapable to proceed' to trial, his attorneys claim.

Attorneys for DeCarlos Brown Jr, 35, said in court filings Tuesday that his trial on state murder charges should be called off following an evaluation by a psychiatrist.

Under North Carolina state law, a defendant is only incapable to proceed to trial if they cannot understand the nature of their charges, cannot comprehend their role in court proceedings and cannot help their own defense. 

Brown's attorney Daniel Roberts said the murder suspect underwent a capacity evaluation in hospital in December which he failed leading a psychiatrist to determine he is unfit to face murder charges. 

Zarutska died after her throat was slashed as she sat alone on a train in Charlotte, North Carolina in August 2025.

Brown, 35, is also facing federal charges in connection to her murder and his lawyers requested a judge delay a hearing in that trial, where prosecutors would say whether they plan to seek the death penalty.

His attorneys also said he cannot undergo a separate psychiatric evaluation for that trial while still in custody.

It comes after the Daily Mail exclusively revealed Brown's first ever jailhouse calls after allegedly murdering Zarutska, in which he spoke of 'materials in my brain' which he claimed forced him to stab her.

Brown had dozens of prior arrests before Zarutska's murder and had been freed by North Carolina Magistrate Judge Teresa Stokes just seven months before he allegedly stabbed the refugee. 

The killing sparked calls for tougher sentencing for repeat offenders after it emerged that Brown, whose prior arrests included for armed robbery and assault, was freed on a 'written promise' that he would return for his next court appearance.

Brown was arrested on January 19, 2025 for alleged 'misuse of the 911 system', after he dialed the emergency number in a manic episode claiming 'man made' materials were inside his body controlling his movements.

Footage of the attack on Zarutska showed the refugee sitting by herself after finishing a shift in a pizza shop, looking down at her phone as Brown boarded the train and sat behind her. 

Moments later, Brown appeared to unfurl a switch blade, before standing up and looming over the refugee. 

Images of the surveillance footage went viral on social media as Zarutska was seen cowering in fear from her seat moments before she was knifed.

The suspect was then seen walking down the train dripping blood on the floor as other passengers barely registered the horror that took place.

Brown was arrested soon after and taken to hospital with non-life-threatening injuries. He was then charged with first-degree murder on his release. 

Zarutska had only recently arrived in the US before she was killed, 'seeking safety from the war and hoping for a new beginning', her family said on a GoFundMe page. 

The case captured national headlines and sparked outrage, with President Trump referencing Zarutska in his State of the Union as he called for a nationwide crime crackdown.