Raleigh, North Carolina – North Carolina’s top legislative leaders said Thursday that their goal was to advance a package of proposed laws, partly aiming to strengthen Ukrainian refugees fatally stabbed by a Charlotte commuter train, boost national attention and call for tough criminal politics.
Oversight and less discretion for local magistrate judges who make decisions on suspects – like the man accused of murder in the death of 23-year-old Iryna Zarutska last month, may be introduced under Republican control General Assembly Reunite on September 22.
“We must make justice for Iryna and the countless families in our state who are victims of victims of the judicial system that do not support them,” Senate leader Phil Berger said at a legislative building press conference.
The plan — an overview was provided by Berger and House Speaker Destin Hall — could also include efforts to restart the state’s death penalty and prevent the governor and other executive officials from creating commissions, Berger argued that Berger encouraged local policies to benefit perpetrators. He mentioned a task force formed in 2020 by then-Democratic Governor Roy Cooper, who targeted racial inequality in the criminal justice system following the death of George Floyd.
Zarutska’s stabbing suspect Jr. Decarlos Brown Jr. was arrested shortly after the attack on August 22. But last week’s train videos showing something that looked like a random attack attracted criticism from President Donald Trump and conservative activists who accuse the administration and judicial officials of the country.
Brown has a long criminal record, including a sentence of more than five years in prison after pleading guilty to the robbery using a deadly weapon. In January, he was charged with abuse of the 911 system and the Mecklenburg County Magistrates Judge released him in a misdemeanor without a promise of a deposit, returning to court with a written promise.
A 2023 law supported by Charlotte area law enforcement officials requires judges, rather than magistrates, to set conditions for pre-trial release for certain violent offenders, rather than magistrates. But Hall said Brown shouldn’t be allowed to leave custody in January, given his criminal history and mental health issues. He and Berger also said that the cancellation of the county magistrate’s option of providing cashless bail for defendants convicted of past violent felony crimes would lead to more consistency in decision-making.
“In a given situation, the magistrate “has a lot of discretion.”
Hall said the way to choose a magistrate judge will also be inspected. Currently, they are nominated by the Chief Trial Court clerk of each county and appointed by the Senior Presiding Judge. They initially served for two years, then four years.
Berger said Thursday that he is also looking for a way to restart the death penalty. Brown’s first-degree murder can be punished for jail or death. North Carolina has not executed the death penalty since 2006 because of legal challenges in the use of lethal injections, and doctors’ presence in the execution partially delayed action. U.S. attorneys also charged Brown with a federal crime that would result in life imprisonment or death penalty.
Any approved plan will be signed with Democratic Gov. Josh Stein. Republicans are in a house with a brief veto majority General Assembly.
Stein spokesman Morgan Hopkins said the governor “advocating for more money to recruit and retain law enforcement officers and train judges and magistrates to set release conditions for defendants with mental illness to set release conditions.” Both Hopkins and Hall mentioned seeking bipartisan solutions.
Former Republican National Committee Chairman Michael Whatley – who likes Cooper running for the U.S. Senate in next year’s election – also spoke at a press conference Thursday. Cooper’s campaign opposes Whatley’s criticism of the 2020 Criminal Justice Task Force created by Cooper, saying it has nothing to do with Brown’s recent alleged crime.
