NC lawmakers likely to propose tougher pretrial release laws after fatal stabbing

RALEIGH, N.C. (AP) — North Carolina’s top legislative leaders said Thursday they are aiming to advance a package of proposed laws in part designed to tighten pretrial release rules following the fatal stabbing of a Ukrainian refugee on a Charlotte commuter train that prompted national attention and calls for tougher-on-crime policies.

More oversight of and less discretion for local magistrates who make decisions on criminal suspects — like the man now accused of murder in

last month’s death of 23-year-old Iryna Zarutska — likely will be introduced when the Republican-controlled General Assembly reconvenes Sept. 22.

“We must deliver justice for Iryna and the countless families across our state that have fallen victim to a justice system that does not support them and does not keep them safe,” Senate leader Phil Berger said at a Legislative Building news conference.

“We must take crime and violence seriously and our law and legal processes must reflect that seriousness,“ he said. “That means we will fight back against soft on crime policies that permeate our judicial system.

“We need to keep repeat offenders in jail. We need to end cashless bond, or cashless bail. We need to hold activist judges and magistrates accountable. We must deliver justice for Iryna and the countless families across our state who have fallen victim to a justice on them who does not support them and does not keep them safe. The bill we will bring forward later this month will play a vital role in that.“

House Speaker Destin Hall said, “We’re also going to look at dealing with issues when folks are charged with crimes who have obvious mental health issues, making sure that magistrates are taking that into consideration.“

The package — outlines of which were offered by Berger and Hall — also could include an effort to restart the death penalty in the state and prevent the governor and other executive branch officials from creating commissions that Berger contends encourage local policies favoring perpetrators. He mentioned a task force established in 2020 by then-Democratic Gov. Roy Cooper addressing racial inequities in the criminal justice system following the death of George Floyd.

The suspect in Zarutska’s stabbing, Decarlos Brown Jr., was arrested soon after the Aug. 22 attack. But last week’s release of train video showing what looked like a random attack brought criticism from President Donald Trump and conservative activists who blamed government and judicial officials.

Brown had a lengthy criminal record that included serving more than five years in prison after pleading guilty to robbery using a deadly weapon.

In January, Brown was charged with misusing the 911 system and a Mecklenburg County magistrate released him on the misdemeanor without requiring bond on a written promise to return for court. Many are questioning that decision due to Brown’s criminal history.

A 2023 state law that was backed by Charlotte-area law enforcement officials required judges, not magistrates, to set conditions for pretrial release for certain violent offenders, and not magistrates. But Hall said Brown should have never been allowed to leave custody in January given his criminal history and mental health concerns. He and Berger also said eliminating the option for county magistrates to grant cashless bail for defendants with past violent felony convictions would result in more consistency in decisions.

Magistrates “have a lot of discretion in given cases. And in the past in this state, that’s worked. But it’s clearly not working anymore,” Hall said.

Hall said the way magistrates are selected also will be examined. Currently they are nominated by the chief trial court clerk in each county and appointed by the senior chief trial judge. They initially serve for two years, followed by four-year terms.

“What happened in this situation was an individual who could have been given a secured bond, meaning they would have had to have paid some amount of money in order or get a bond to get out of jail,“ Hall said. “This person, instead of being required to do that, was allowed to sign a piece of paper and walk out of that jail.“

Berger said Thursday he is also looking at ways to restart capital punishment. Brown’s first-degree murder count is punishable by life in prison or death. North Carolina has not carried out an execution since 2006, as legal challenges over the use of lethal injection drugs and a doctor’s presence at executions have in part delayed action. U.S. prosecutors have also charged Brown with a federal crime that carries up to life in prison or the death penalty.

Any approved package would go to Democratic Gov. Josh Stein for his signature. Republicans are one House seat of short a veto-proof majority at the General Assembly.

Stein spokesperson Morgan Hopkins said, “The governor and First Lady continue to hold the family of Iryna Zarutska in their hearts. This tragedy has brought up real concerns about safety in our communities. That’s why Gov. Stein urged Mayor [Vi] Lyles to surge law enforcement and security measures on public transit. He looks forward to working with local, state, and federal partners to find bipartisan solutions that protect the people of North Carolina.

“Gov. Stein is advocating for more funding to recruit and retain law enforcement officers and to train judges and magistrates on best practices for setting release conditions for defendants with mental illness.”

Hall also mentioned seeking bipartisan solutions.

Former Republican National Committee Chairman Michael Whatley — who like Cooper is running for U.S. Senate in next year’s election — also spoke at Thursday’s news conference. Cooper’s campaign has pushed back against Whatley’s critique of the 2020 criminal justice task force that Cooper created, saying it had nothing to do with Brown’s most recent alleged crime.

In response to Thursday’s press conference, Senate Democratic Leader Sydney Batch said in a statement, “As a mother of two young children, I am devastated and heartbroken by the senseless, brutal murder of Iryna Zarutska. Decarlos Brown should never have been in a position to commit this heinous act.

“Decisions made by the Republican leadership of this General Assembly failed Ms. Zarutska and continue to fail to keep our communities safe every single day,“ she continued in her statement. “For years, Democratic legislators have offered bill after bill, amendment after amendment to put our tax dollars directly into keeping our streets safe and making mental health a top priority. Republican leaders have shut out these real policy solutions and instead opted to cut funding for mental health and shortchange public safety.

Led by the efforts of Sen. Berger and then-Speaker [Tim] Moore, Gov. [Pat] McCrory signed the 2015 state budget which cut $110 million in state funding for regional mental health centers. When we watch our local news, we see the results. I can think of no greater tribute to the life of Iryna Zarutska than to make sure that what happened to her isn’t allowed to happen again. That starts with making real investments in local public safety and mental health. Democratic legislators continue to stand ready to make that happen.”

House Democratic Leader Robert Reives said in a statement, “Let me be clear: Decarlos Brown should never have been in a position to commit this heinous act. Our state and nation have gone through so much turmoil in recent weeks. Now is the time to put politics aside and figure out what we can do collectively to make our communities safer. Long term, positive change will require a collaborative approach that includes real investments into what works and a genuine consideration of what we need to adjust.

As a former prosecutor, I know as well as anyone how complicated and difficult these problems are,“ he continued in his statement. “That does not mean we should shy away from them. Law enforcement, prosecutors, attorneys, judges and all facets of the criminal justice system need to be included and invested in this conversation. We should be working toward a future where our children and their children see these senseless acts of violence as a distant memory of the past.”