The suspect accused of killing Ukrainian refugee Iryna Zarutska last year is possibly “incapable to proceed” on his state murder charge.

DeCarlos Brown Jr., 35, is facing both state and federal charges in the stabbing of Zarutska, 23, on a light rail train in Charlotte, North Carolina, in August 2025. His attorney, Daniel Roberts, is requesting Brown’s Rule 24 trial — where prosecutors would reveal if they would pursue the death penalty — to be delayed another 180 days, according to Roberts’s motion filed on Tuesday.

Decarlos Brown “incapable to proceed” by johncoxc

The motion also said that Brown was evaluated at Central Regional Hospital, and a report generated on Dec. 29, 2025, found the suspect “incapable to proceed.” Under North Carolina law, a defendant can proceed if they understand the nature of their charges, comprehend their role in court proceedings, and help their defense in a “rational and reasonable manner,” according to the Charlotte Observer.

A judge has yet to accept Roberts’s motion and findings.

The killing of Zarutska garnered national attention last year, including from President Donald Trump, who called for the death penalty for Brown, calling him an “animal.” Trump also blamed the crime on a “SECRET settlement” between former Democratic Gov. Roy Cooper and “Far Left Activists.”

The Washington Examiner contacted the White House for Trump’s reaction to this legal update.

North Carolina lawmakers created Iryna’s Law after Zarutska’s death, which ends cashless bail for certain violent offenders and expedites death penalty appeals. Gov. Josh Stein (D-NC) signed the bill into law on Oct. 3, 2025, according to WCNC.

Following Zarutska’s killing, multiple fundraisers for Brown were created on GoFundMe, which were promptly taken down. A fundraiser for Zarutska’s family has raised over $480,000.