Credit: Mecklenburg County Sheriff's office / Iryna Zarutska/Instagram
Why Man Accused Of Fatally Stabbing Ukrainian Refugee On Train Won’t Face Charges
The homeless man who is accused of brutally killing a Ukrainian refugee by stabbing her on a train will not face charges, according to new reports.
Iryna Zarutska fled the Ukraine after Russia invaded, travelling to the US with her mother, sister and younger brother, moving in with her aunt and uncle in Huntersville, North Carolina, in 2022, having lived in a bomb shelter for months.
Eventually, the 23-year-old moved to the NoDa neighborhood of Charlotte, with her boyfriend, where she started studying at college and began working at a pizzeria.
However, the place that became her safe haven, quickly turned to a real life nightmare, after the refugee was killed in a random attack on a train as she traveled home from work, on August 22, 2025.
Horrifying footage emerged, showing the moment a man, later identified as Decarlos Brown Jr, who was sat behind his victim, stood up and attacked Zarutska, who tragically died from multiple stab wounds at the scene.
Brown was immediately arrested after exiting the train and was charged with first degree murder in December last year, however it has now been revealed the 34-year-old will not face charges.
Decarlos Brown Jr will not face charges right now
A motion filed on April 7 says Brown was evaluated at Central Regional Hospital on December 29 and it was subsequently determined he was ‘incapable to proceed’ on state murder charges, according to WBTV.
Prosecutors did not object to Brown’s attorney Daniel Roberts’ request to delay the Rule 24 competency hearing by 180 days, to determine whether he is fit to proceed with a trial. The case is currently scheduled for April 30 and will decide whether he is able to continue towards the trial, which could result in the death penalty.
According to North Carolina law, a defendant will be considered capable of proceeding if they are able to understand the nature and object of the proceedings, comprehend their situation in reference to the proceedings and assist in their defence in a rational or reasonable manner.
Brown is currently in custody while also facing federal charges, and now a judge must decide whether to accept the report’s findings, with the case likely to be delayed until his capacity is ‘restored’ by the court. In other words, proceedings are likely to recommence when he is capable of meeting the three requirements of competency under North Carolina law.
However, Roberts has argued that Brown’s court-required capacity can’t go ahead while he is in federal custody and that the court also can’t order to have his capacity restored.
If the judge does decide he is unable to stand trial, state law means the charges will need to be dismissed, however they could be refiled if he ever regains capacity to be tried.
Brown has been ordered to undergo a psychiatric evaluation for the federal case, however this has not yet been completed.
The 35-year-old’s mother previously told the New York Post that her son has schizophrenia and was arrested at least 14 times for crimes including firearms possession and robbery, from as early as 2007.
During a welfare check, Brown asked police to investigate a ‘man made material’ inside his body that was ‘controlling his actions.’
Iryna’s Law went into effect on December 2025
At the time of the attack, Brown was on cashless bail, with just a written promise to attend court following a fake 911 call.
Two months after Zarutska was killed, North Carolina passed Iryna’s Law, which prevents cashless bail for some violent crimes and repeat offenders, while also improving the checks for criminals who have been freed on bail.
The harrowing incident caused international outcry, particularly given the fact the 23-year-old had fled violence with her family and was seeking a safe place to live prior to her death.
Zarutska’s father was left behind in Ukraine due to a law which prevented men aged between 18 and 60 from leaving the country and it’s believed he was tragically unable to attend her funeral as a result, though this has been disputed by Ukrainian authorities.
At the time, Donald Trump called for Brown to face the death penalty on federal murder charges due to the violent nature of the alleged offense.
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