Career criminal accused in brutal stabbing death of Iryna Zarutska deemed mentally incompetent to stand trial

The Tuesday court filing from Brown’s attorney stated that a capacity evaluation was conducted at the Central Regional Hospital, a state psychiatric hospital, in December, with Brown being deemed "incapable to proceed." The filing also stated that a capacity hearing cannot take place while Brown remains in federal custody for his federal case. "Furthermore, should the court accept the findings of Central Regional Hospital, any resulting orders to attempt to 'restore capacity' to the Defendant cannot be effectuated while the Defendant is in Federal custody."

The attorney said that state prosecutors agree with delaying the Rule 24 hearing, in which a judge determines whether prosecutors can pursue the death penalty, with the attorney seeking a continuance of 180 days.

Brown faces a murder charge from the state of North Carolina, as well as one count of violence against a railroad carrier and mass transportation system resulting in death from the Department of Justice. In both cases, prosecutors are seeking the death penalty.

Zarutska, who had fled her home country amid the war and came to the US, was stabbed to death on a light rail train in August. In the wake of his arrest for the killing, Brown was heard telling his sister that "the material used in my body stabbed the lady." He said he was on the train that night "going downtown to the hospital to tell them… that I'm trying to get rid of the material… to stop going crazy." Brown’s family has said that he is schizophrenic.

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Motion to Continue by Hannah Nightingale