A homeless man from North Carolina, accused of the shocking on-camera murder of Ukrainian refugee Iryna Zarutska, has been declared ‘incapable to proceed’ to trial, according to his legal team.

Lawyers for DeCarlos Brown Jr., aged 35, submitted court documents on Tuesday asserting that the state murder charges against him should be suspended. This motion follows a psychiatrist’s assessment, which deemed Brown unfit for trial.

In North Carolina, the law stipulates that a defendant is deemed incapable of proceeding to trial if they are unable to grasp the nature of the charges against them, fail to comprehend their role within the judicial process, or are unable to assist in their own defense.

Daniel Roberts, Brown’s attorney, revealed that the murder suspect underwent a competency evaluation in a hospital last December. The evaluation concluded that Brown is not fit to face murder charges, as he did not meet the required standards.

Iryna Zarutska tragically lost her life in August 2025 when she was attacked while sitting alone on a train in Charlotte, North Carolina. Her throat was fatally slashed in the violent incident.

Beyond the state charges, Brown is also confronting federal charges related to Zarutska’s murder. His attorneys have requested a delay in a federal hearing where prosecutors are expected to announce whether they intend to pursue 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.

DeCarlos Brown Jr, 35, 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

Zarutska’s throat was slashed as she sat by herself on a train in August 2025, in a shocking killing that was caught on surveillance footage which stunned the nation

Zarutska fled Ukraine due to the war only to be murdered on public transport months later

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.

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

Surveillance footage showed Brown allegedly swinging a switchblade at Zarutska and slashing her throat as she sat on the train in Charlotte, North Carolina 

The suspect was then seen walking down the train dripping blood on the floor as other passengers barely paid attention to the horror that just 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.