In Raleigh, North Carolina, Republican legislators are expected to pass new criminal justice reforms aimed at tightening bail regulations, limiting magistrates’ authority, and assessing the mental health of offenders. These actions follow the tragic death of a Ukrainian refugee, which occurred during a stabbing on a Charlotte commuter train. Additionally, the proposed legislation may facilitate the resumption of the death penalty in the state, one of the largest in the U.S.
Republicans in the Senate and House introduced a bill that leadership hinted at bringing forward when the General Assembly reconvened after a nearly two-month break from Raleigh.
Public outrage ensued after the August 22 killing of 23-year-old Iryna Zarutska, captured on video, led to charges against a suspect with more than a dozen prior arrests. Republicans, including former President Donald Trump, have criticized Charlotte leaders and Democratic state officials, accusing them of implementing policies that are lenient on crime.
The Senate passed the bill with a 28-8 vote late Monday, with many Democrat legislators not present, which largely reflected a partisan split. The bill now heads to the House for a vote anticipated on Tuesday.
Should it pass, the legislation will reach Governor Josh Stein’s desk for approval. Stein, a Democrat and former attorney general, has advocated for changes in pretrial release alongside increased mental health attention, spurred by Zarutska’s case.
However, the bill shifted away from the promise of bipartisan support when Senate Republicans amended it to potentially allow alternative capital punishment methods beyond lethal injection, the only method presently permitted in North Carolina, which last executed a prisoner in 2006.
Suspect was released on misdemeanor months before attack
The stabbing suspect, Decarlos Brown Jr., could received a death sentence if convicted of first-degree murder in state court or a federal count filed against him.
Brown, whose criminal record included serving more than five years in prison after pleading guilty to robbery using a deadly weapon, had been charged in January in Mecklenburg County, which includes Charlotte, with misusing the 911 system, a misdemeanor, according to court records.
But a magistrate — a nonelected local court official who often determines if a defendant can be released while awaiting trial — released him on a written promise to return for court. And it took more than six months for a court to order a mental evaluation for him. Brown’s mother told Charlotte-area television that she had sought an involuntary psychiatric commitment this year after he became violent at home.
GOP Sen. Ralph Hise said the legislation has nothing to do with winning political points, but rather is a response to the failure of the criminal justice system.
“We need a criminal justice system that protects society from individuals. I believe these are many great steps in this bill,” Hise said.
Bill would end bail for some crimes, reduce magistrates’ discretion
The measure, named “Iryna’s Law,” would prohibit cashless bail for certain crimes and eliminate some of the discretion that magistrates and judges have for pretrial release decisions.
For example, first-time defendants accused of a violent offense could only be released on a secured cash bond or receive house arrest with electronic monitoring. Such house arrest and monitoring would be the only option for some repeat defendants.
The bill also attempts to ensure that more suspects are subject to psychological examinations before their potential release. Defendants accused of a violent crime and committed involuntarily in recent years to a mental health facility would be subject to a psychological evaluation.
The legislation also would give the state Supreme Court’s chief justice the ability to suspend a magistrate from their post and lay out grounds why the official should be removed permanently. Such actions now sit with local judges.
Amendment could lead to new execution methods
Executions in North Carolina have been put on hold in part over legal challenges over the use of the injection drugs and a doctor’s presence at executions.
Senate leader Phil Berger offered a floor amendment — also approved along party lines — that would direct the state Adult Correction Department secretary to determine another form of execution should lethal injection be declared unconstitutional or it’s “not available,” potentially if the lethal drugs can’t be accessed.
The secretary — a member of the governor’s Cabinet — would have to select another method that’s been adopted by another state and has not been found unconstitutional by the U.S. Supreme Court. That could include the use of a firing squad, a method that’s been used to execute South Carolina inmates twice this year.
The measure already contained language that attempted to speed up death penalty appeals in North Carolina.
“Those provisions do part of the job,” Berger said during Senate floor debate. “This amendment hopefully will do the remainder of the job.”
Some Democrats criticized their GOP colleagues for seeking to expand ways to administer the death penalty for their sheer cruelty, let alone within a bill designed to address problems following last month’s Charlotte attack.
“To put in an express lane to bring the firing squad to North Carolina is beneath the dignity of this body,” Democratic Sen. Michael Garrett said. “That we are exploiting this situation to bring back methods that are truly violent to execute our fellow citizens is, quite frankly, immoral.”
A month later, hundreds attend vigil in Charlotte
Kelli Allen of Charlotte was one of a couple hundred people who attended a candlelight vigil honoring Zarutska near a light rail station in the city on Monday night, organized by some churches and the local Republican Party. Allen said she’s hopeful that “we are on the path to making this a better and safer city. I think that’s what everyone wants here.”
“I just know she wanted a better life and she deserved that,” Allen added. “So I’m here just to honor her tonight.”
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Associated Press video journalist Erik Verduzco in Charlotte contributed to this report.
