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A man accused of killing a 23-year-old Ukrainian refugee on a commuter train in Charlotte appeared in federal court Thursday.
DeCarlos Brown Jr. and his attorney made a preliminary court appearance in the case of causing death on a mass transit system, as his attorneys sought a hearing to determine if he is mentally incompetent to face the charge against him or possibly the death penalty.
Shackled on his hands and ankles and wearing a jumpsuit, Brown held his head up and looked at U.S. District Judge Susan Rodriguez as she read the charges against him.
Brown has also been charged in state court with first-degree murder in Zarutska’s death, but federal prosecutors stepped down after raising questions about why Brown was on the street despite more than a dozen prior criminal arrests. The cases are running parallel.
U.S. prosecutors charged him in a criminal complaint in September, followed by an indictment in the same case a few weeks later. Like the state case, Brown could face life in prison or the death penalty if convicted in federal court.
Rodriguez explained the possible penalties in court. Brown, who remains in the custody of authorities, did not speak during the hearing. At the end of the hearing he was taken out of the room, while he looked back at the people in the courtroom.
Brown’s attorneys filed a motion this week seeking a psychiatric evaluation and a future hearing to determine his competency after a similar review on Brown is completed for state legal proceedings, which attorneys said would likely take place by the end of January.

“Based on his meetings with Mr. Brown and a review of the limited records and information available, counsel has serious concerns about Mr. Brown’s ability to understand the nature and consequences of the proceedings against him or to appropriately assist in his defense,” the lawyers wrote.
Brown was arrested earlier this year after repeatedly calling 911 from a hospital, claiming people were trying to control him. At that time a judge released him without any bail. His mother told local media outlets that she had sought an involuntary psychiatric commitment this year after he became violent at home and doctors diagnosed him with schizophrenia. His next state court date is scheduled for April.
President Donald Trump’s administration has used the case to show how it thinks local leaders, judges and policies in Democratic-led cities like Charlotte are failing to protect their residents from violent crime.
Brown’s attorneys also asked in a motion this week that the court begin a process to consider whether Brown’s case should be transferred from Charlotte to another location, writing that it “has been the subject of intense media and political attention.”
Zarutska was living in a bomb shelter in Ukraine before coming to America to escape the war, according to relatives, who described her as determined to build a safe life.
Another stabbing on Charlotte’s light rail last week reignited questions and allegations about train safety and immigration.
A Honduran man was charged with attempted first-degree murder, assault with a deadly weapon and other charges for stabbing a man in the chest during a fight. The victim was admitted to the hospital. According to the Department of Homeland Security, the suspect had been deported twice and had prior convictions for robbery and illegal re-entry.