Is Charlotte Train Stabbing Suspect Mentally Fit For Trial? Court-ordered Evaluation Process May Take Months.

By Rachel Crumpler

After Decarlos Brown Jr. was arrested successful precocious August and accused successful nan fatal stabbing of a Ukrainian exile aboard a Charlotte ray obstruction train — a sidesplitting that has drawn statewide and nationalist attraction — a capacity information was quickly ordered by nan court. The information is nan first measurement successful a process that could find whether Brown is mentally competent to guidelines trial. The consequence will statesman to pass really nan lawsuit moves forward.

Brown, 35, reportedly has schizophrenia and was bum astatine nan clip of nan killing. In a recorded jailhouse telephone telephone pinch his sister, obtained by ABC News aft his arrest, he tells her that “material successful his body” was controlling him astatine nan clip of nan onslaught connected 23-year-old Iryna Zarutska.

Seven months earlier, during a January brushwood pinch rule enforcement — erstwhile he was charged pinch a low-level misdemeanor for many times calling 911 — Brown similarly told officers that “he believed personification gave him a ‘man-made’ worldly that controlled erstwhile he ate, walked, talked, etc.”

A erstwhile psychiatric information had been court ordered successful July for Brown to look astatine Alliance Health for nan section forensic evaluators to measure his “capacity to proceed” to proceedings connected nan complaint of misusing 911. 

That information ne'er happened, court records show.

This time, Central Regional Hospital successful Butner, nan only authorities installation that conducts capacity to proceed evaluations, is performing nan assessment. The forensic information includes interviewing Brown and reviewing applicable records specified arsenic school, aesculapian and criminal files. 

Having nan capacity to assistance successful one’s defense is basal to nan U.S. justness system, said Charlotte defense lawyer Jason St. Aubin. North Carolina statute prohibits anyone from being “tried, convicted, sentenced, aliases punished” if he aliases she is incapable of proceeding. 

When personification is deemed incapable of proceeding, that indicates nan personification is truthful mentally impaired that they tin neither comprehend nan tribunal proceeding earlier them nor rationally activity pinch an lawyer to thief successful their defense. The determination besides halts ineligible proceedings, which puts nan lawsuit astatine a standstill until nan defendant’s capacity is restored.

“Our courts don’t want to punish group aliases clasp group accountable if during that process, they’re fundamentally incapable to understand nan quality of those proceedings,” said St. Aubin, who has represented clients who person been deemed incapable to proceed. “At that point, they would beryllium incapable to assistance successful their ain defense, and immoderate judgement obtained against them, aliases immoderate defense they whitethorn person had could beryllium impacted by their deficiency of understanding.”

The number of group being referred by nan courts for capacity information has been ballooning successful North Carolina, taxing a strategy that is straining to support up.

Last year, much than 2,600 capacity evaluations were completed, according to N.C. Department of Health and Human Services information provided to NC Health News. It’s a 33 percent summation successful evaluations complete nan past 5 years — without an summation successful resources to make those assessments. 

Approximately 60 percent of individuals evaluated successful 2024 — complete 1,500 group — were deemed incapable of proceeding to proceedings and needed capacity restoration services.

“That’s 1 of nan biggest problems successful nan strategy — request has gone up significantly,” said Robert Cochrane, DHHS’ statewide head of forensic services.

Brown’s capacity position will beryllium determined 

Brown is being held without enslaved astatine nan Mecklenburg County Detention Center. He faces a first-degree execution complaint successful authorities court, and national prosecutors person charged Brown pinch causing decease connected a wide proscription system. Both charges could transportation nan decease penalty.

Brown’s competency position has not yet been determined. Brown’s nationalist defender did not respond to NC Health News’ petition for an update. A spokesperson for nan Mecklenburg County District Attorney’s Office said he could not supply accusation beyond nan nationalist tribunal filings.

The results of Brown’s first information could beryllium galore weeks away. During nan astir caller fiscal quarter, nan mean clip for a forensic information to beryllium completed astatine Central Regional Hospital was 69 days from nan clip of request, according to DHHS information provided to NC Health News. Cochrane said this timeframe is mostly driven by staffing limitations. The infirmary has 8 to 10 group conducting evaluations Monday done Friday, he said, and they struggle to support up pinch nan “overwhelming number of referrals.”

Once nan forensic information study is completed pinch nan evaluator’s findings, a capacity proceeding will beryllium held for nan tribunal to find whether Brown is competent to proceed. If Brown is deemed tin of proceeding to trial, nan lawsuit will move forward. However, if Brown is recovered to beryllium incapable of proceeding, he past must acquisition court-ordered treatment, which involves a operation of medication, individual therapy and ineligible education. These services purpose to stabilize a person’s psychiatric symptoms and boost their knowing of nan ineligible strategy truthful that proceedings proceedings tin continue.

Restoring a person’s capacity tin beryllium a slow process. 

“If a personification is recovered to beryllium incapable during immoderate of nan first evaluations, past you’re fundamentally guaranteed, successful a lawsuit for illustration this aliases immoderate superior felony that moreover doesn’t consequence successful death, that it will past a play of respective years,” St. Aubin said. He explained that he is still moving connected a lawsuit from 2020 successful which a customer pinch schizophrenia and autism has had capacity issues.

More criminal defendants are being declared incapable to proceed successful North Carolina. They hold an mean of 165 days — much than 5 months — earlier being admitted to 1 of 3 state-run psychiatric hospitals for capacity restoration treatment, according to DHHS. 

A DHHS spokesperson told NC Health News connected Sept. 23 that 165 patients are receiving capacity restoration services astatine 1 of North Carolina’s state-run psychiatric hospitals — occupying astir 27 percent of nan astir 600 staffed beds. Another 130 group person been deemed incapable to proceed and are waiting for admittance to a authorities psychiatric infirmary to statesman capacity restoration treatment. 

“Some of nan sickest group that you’ll find erstwhile they travel done nan criminal justness strategy are recovered incapable to proceed,” Cochrane said. “Our hospitals are dealing pinch immoderate very challenging cases pinch these individuals and trying to thief them. So it’s nary astonishment that it takes months (to reconstruct a person’s capacity). … I do consciousness for nan group who person to hold for treatment, but I don’t deliberation nan curen that we supply successful North Carolina is simply a time longer than anybody needs. It gets them to nan spot wherever they tin spell backmost and person their time successful tribunal and resoluteness their criminal situation.”

What does it mean to beryllium ‘incapable to proceed’? 

A person’s capacity to proceed tin beryllium questioned astatine immoderate clip during a criminal lawsuit — by nan defense, judge aliases prosecutor. Most group deemed incapable of proceeding person a psychotic illness, specified arsenic schizophrenia, Cochrane said. However, having a diagnosed intelligence unwellness unsocial is not capable to beryllium deemed incapable to guidelines trial.

“Plenty of individuals pinch schizophrenia are recovered aliases deemed tin to proceed,” Cochrane said. “It’s conscionable those who are peculiarly acutely sick aliases experiencing acute symptoms are nan ones that oftentimes are deemed incapable.”

For example, he said progressive hallucinations and illusion beliefs that interfere pinch someone’s expertise to pass efficaciously aliases deliberation intelligibly capable to activity pinch an lawyer could lead 1 to beryllium deemed incapable to proceed. Other conditions, specified arsenic intelligence disabilities aliases a traumatic encephalon injury, that lead a personification to struggle pinch retaining accusation and comprehension could besides impact their capacity to proceed.

When a personification is deemed incapable of proceeding, that sets disconnected a process of trying to reconstruct their capacity — thing that needs to hap for their lawsuit to move forward. 

“I deliberation 1 of nan complexities is group deliberation this is simply a measurement to, for illustration get retired of their trial, aliases they conflate it pinch insanity — and that’s not it,” said Apryl Alexander, head of UNC Charlotte’s Violence Prevention Center who antecedently conducted capacity evaluations and ran an outpatient capacity restoration programme successful Colorado. “This process is really to guarantee a person’s owed process authorities and making judge that they understand what’s going connected successful trial, because we don’t want things for illustration a mistrial happening.”

“A mostly of group who are recovered incompetent to guidelines proceedings are restored to competency,” she added. “They yet spell backmost to trial, backmost to their tribunal lawsuit and proceedings continue.” 

Increased request for capacity restoration

Historically, capacity restoration has only been provided successful authorities psychiatric hospitals successful North Carolina, which has led to a increasing stock of these facilities’ constricted furniture abstraction to beryllium occupied by group progressive successful nan criminal justness strategy who person been deemed incapable of proceeding. In fiscal 2016, these patients made up 10 percent of nan full yearly admissions to nan state’s psychiatric hospitals. In fiscal 2024, it was 28 percent.

This is arsenic hundreds of organization members successful intelligence wellness crises wait weeks aliases moreover months successful emergency rooms for an opening successful a authorities facility. 

North Carolina’s three state-run psychiatric hospitals — Cherry, Central Regional and Broughton — person a full furniture capacity of 910. However, chronic unit shortages limit nan beds successful cognition to astir 600 contempt wide need, according to DHHS. 

As of Sept. 23, conscionable complete one-quarter of nan diligent organization successful authorities psychiatric hospitals are group deemed incapable of proceeding to trial, pinch galore much waiting months successful jailhouse for a furniture to commencement receiving capacity restoration treatment. During this limbo period, criminal defendants often deteriorate because jails are ill-equipped to reside superior intelligence wellness needs — moreover arsenic they person progressively go de facto intelligence wellness institutions. 

“If we had [more staff] successful place, past we would beryllium capable to return successful a batch much of nan folks connected nan hold list, truthful group would beryllium getting attraction a batch faster than they presently are,” Cochrane said.

These psychiatric beds mostly do not move complete quickly because capacity restoration tin beryllium a slow process. On average, a personification receives capacity restoration services for astir 120 days successful a authorities infirmary earlier they are deemed restored aliases non-restorable, according to DHHS. 

When someone’s competency has been restored, nan tribunal is notified and nan ineligible process resumes. However, location are infrequent cases erstwhile personification is deemed non-restorable. In these cases, evaluators find that personification is not getting amended contempt curen and judge location is not a way for them to amended capable to summation nan needed capacity. Generally, specified cases impact a traumatic encephalon wounded aliases intelligence disability, Cochrane said.

Expanding capacity restoration beyond authorities hospitals

The state’s strained psychiatric hospitals can’t meet each nan request for capacity restoration services. Even if they could, Cochrane said, galore group don’t request nan level of attraction offered successful a infirmary setting. That’s why authorities wellness officials person precocious expanded capacity restoration services extracurricular authorities hospitals, allocating conscionable complete $9 cardinal to guidelines up and support 3 jail-based and 3 community-based capacity restoration pilots. 

The caller settings are aimed astatine serving group much quickly and much economically. According to DHHS, hospitalization is nan astir costly measurement to supply capacity restoration, costing astir $1,200 a day, compared to $400 successful jail.

Cochrane said each nan capacity restoration settings present nan aforesaid array of treatment, including individual therapy, group therapy, acquisition sessions connected nan ineligible strategy and medicine management. 

Criteria for who is due for each capacity restoration setting. Credit: DHHS

So far, Cochrane said, jail-based and community-based capacity restoration options are not utilized enough. He said he’s moving to alteration that, because he thinks these settings tin thief make North Carolina’s restoration process much businesslike — and, importantly, easiness immoderate of nan load connected authorities psychiatric hospitals.

“We’re really trying to plug these alternatives, truthful that we tin person an effect connected nan hold times, waitlists and get group successful nan correct level of care,” Cochrane said.

As of Sept. 23, 14 group are receiving capacity restoration services wrong 1 of nan 3 jails pinch RISE (Restoring Individuals Safely and Effectively) capacity restoration programs. However, 45 full slots are disposable — meaning two-thirds of nan beds are unfilled. 

Participants successful Mecklenburg’s jail-based capacity restoration programme successful January 2025. Instead of waiting for a furniture successful a authorities psychiatric hospital, immoderate defendants excessively sick to guidelines proceedings tin statesman receiving curen while successful jail. Credit: Rachel Crumpler / NC Health News

The Mecklenburg County Detention Center became nan first jailhouse to launch a capacity restoration programme successful December 2022 successful business pinch nan authorities wellness department. Earlier this year, sheriffs successful Pitt and Wake counties followed suit — motivated successful portion by their vexation of seeing people’s intelligence wellness deteriorating successful their jails while waiting for a infirmary bed. The Mecklenburg and Pitt programme beds are besides disposable to group deemed incapable to proceed housed successful different jails who tin beryllium transported to 1 of nan programs — a constituent that Cochrane is moving to accent to sheriffs crossed nan state.

The mean clip spent receiving jail-based capacity restoration services is 55 days, according to DHHS.

A ‘competency crisis’ 

Demand outpacing disposable abstraction for court-ordered capacity restoration is happening crossed nan country, contributing to what experts person deemed a national “competency crisis.” 

Cochrane said nan measurement North Carolina’s capacity restoration strategy functions has cascading effects crossed nan justness and wellness attraction systems.

“It impacts not conscionable our authorities hospitals,” Cochrane said. “It impacts nan courts. It impacts nan jails and nan sheriffs and nan activity they person to do pinch these severely mentally sick group who person to beryllium location and hold months to get to a hospital. It impacts emergency departments excessively — group successful EDs who request IVC [involuntary committedness for forced psychiatric treatment] to 1 of our authorities hospitals. There aren’t immoderate different choices. They person to wait.”

In consequence to nan sidesplitting connected nan Charlotte ray rail, Republican authorities lawmakers connected Sept. 23 passed a measure dubbed “Iryna’s Law.” The authorities includes provisions to toughen pre-trial merchandise and require judges to bid much mandatory intelligence wellness evaluations. However, nan authorities did not supply much backing to bolster intelligence wellness services. Gov. Josh Stein has not yet taken action connected nan bill. 

Some critics reason that if it becomes law, it will not reside nan guidelines issues that lead group pinch intelligence illnesses to rhythm betwixt nan organization and nan criminal justness system and could worsen nan strain already connected nan state’s overburdened intelligence wellness system.

“If you don’t person capable curen successful nan community, conjecture wherever they go?” Cochrane said. “They get arrested and they spell to jailhouse and they spell to nan authorities hospital. We request to divert connected nan beforehand extremity and get group that superior care, truthful we’re not having to woody pinch tertiary care.”

Alexander, head of UNC Charlotte’s Violence Prevention Center, agrees.

“I deliberation portion of nan competency situation is that we conscionable don’t person capable intelligence wellness curen — play — successful communities,” Alexander said. 

Republish our articles for free, online aliases successful print, nether a Creative Commons license.