Is Iryna Zarutska's murderer competent to stand trial? | Hour 3

What's going on. Thank you so much for listening to this podcast. It is heard live every day from noon to three on WBT Radio in Charlotte. And if you want exclusive content like invitations to events, the weekly live stream, my daily show prep with all the links, become a patron, go to vpetecleanershow dot com. Make sure you hit the subscribe button. Get every episode for free right to your smartphone or tablet, And again, thank you so much for your support. There was a development in the the trial of de Carlos Brown Junior, who is charged at the state level and the federal level in the murder of Arena Zerutzka on the Charlotte light rail line. She was the Ukrainian refugee. So this from WSOCTV. The family of Arena zero Uska may have to wait even longer for the man accused of killing her to face a judge. You have to wait longer for this guy to go before the court. The defense attorney for De Carlos Brown Junior, who has been in federal custody for months, is now asking the court to delay his next state hearing by six months. Okay, so he's got state charges, he's got federal charges. He's being held in federal custody, which is probably for the best, because if he were to be, you know, remanded over to the local jail, like, he probably would be released within twenty four hours. That's sorry, but it's probably true. A newly filed two page motion outlines several arguments for the requested delaying a mental evaluation that has already been done and it found that Brown was incapable to proceed on the state murder charge. The Zerutzka family attorney Lauren Newton is quoted in this piece by WSOCTV and says, according to the filing, Brown was evaluated at Central Regional Hospital back in December that generated a report dated December twenty ninth and concluded that he was not capable of moving forward in the state case. Now, according to WSOCTV, a judge has not yet ruled on those findings. The motion notes that the state could request treatment aimed at restoring Brown's mental capacity, but that cannot happen while he remains in federal custody. The document says prosecutors agreed with this assessment, Newton said. The lawyer for the Zarutzka family said that they are willing to accept a delay if it ultimately leads to justice. So he's again state charges federal charges. And in my observation, in you know, twenty years of covering trials and court proceedings and that sort of thing, it usually is the case where one of the prosecutors sort of takes priority, you know, like the state will charge them but then doesn't really do anything and the Feds are going to run the case or vice versa. Right, But I think usually if you're looking at a bunch of federal charges, there's way less opportunity for plea agreements and that sort of thing. And if the Feds are charging, you got more resources, and so a lot of a lot of times the state just lets the Fed run point. So this is only in the state case. In fact, the New York Post picked this story up because the story, you know, went national, and the Assistant Attorney General Harmey Dillon said, I had a great call this morning with our US attorney in Charlotte, that would be Russ Ferguson. Carlos Brown Junior remains in federal custody, and so the parallel state proceedings are in no way dispositive. In other words, the case is not done. Whatever the state is doing, that's on the state. She says there will be a federal competency determination and prosecution track taking precedents case. So there you go, confirming the federal case is the priority. They're leading this. So whatever happens in the state proceedings or secondary he is facing federal murder charges, and a spokesperson for US Attorney Russ Ferguson said the federal case, including the competency determination, is separate from the state proceedings. Later on in the article, the state has not announced whether it will pursue capital punishment, the death penalty. Doctors assess whether a defendant can comprehend what is happening and meaningfully participate in their trial, and they point out in this story another clinician could reach a different conclusion, something that a judge would ultimately weigh during a competency hearing. In order to put somebody on trial for their life, you have to show that they are aware of what the charges are, they understand the proceedings, they can participate in their defense. This from National Review. At the time of the attack, Brown had recently been released by Mecklenburg County magistrate Judge Teresa Stokes following a misuse of nine to one one charge. There was the incident at the hospital. Brown was acting weird. People called the cops. They show up and he's like, there's a man made substance controlling me and all of this stuff, and they're like that sounds like a medical thing. It's not something for the police to investigate. Like, we're just cops. We cannot know if there's some man made substance controlling your body. And so then he got mad at them, and so he calls nine to one one again to try to get somebody else out there whatever, but he hangs up, and so that's when they throw the charge on him of misuse of nine to one one. Brown had a long criminal record, including a history of mental illness as well as violent criminal behavior. The magistrate nonetheless released Brown on what is dubbed cashless bail. His earliest crimes date back to two thousand and seven, including several serious charges such as robbery with a dangerous weapon, possession of a firearm by a felon, and felony larceny, along with a slew of lesser misdemeanors. National Review reported back in September after reviewing court documents before stabbing Zarutzka in the neck. Brown was arrested thirty three times and criminally charged on fourteen of those occasions. I keep saying it, this is a choice. These are choices that people are making in government, that voters are making. We don't have to have a revolving door, catch and release court system. That's a choice. After the stabbing took place, you'll recall that de Carlos Brown Junior's mother spoke out, saying that she had struggled to have him committed involuntarily and blamed the justice system. He had lived with his mother after he was released from prison following a six year sentence for armed robbery. He expressed both violent and erratic behavior, prompting her to have her son evaluated. After undergoing a psychiatric evaluation, Brown was diagnosed with schizophrenia, and his mother sought an involuntary commitment order. According to state law, a defendant is considered incapable to proceed at trial if they cannot comprehend the nature of their charges, understand their role in court proceedings, or assist in their own defense. Brown's attorneys argue that while he remains in federal custody, a hearing to determine whether or not he is competent cannot proceed. When a defendant is deemed incompetent to stand trial, there is a move to quote restore capacity, a process that also can't begin if Brown remains in federal custody. To restore capacity, the defendant is often treated with meds and therapy and treatment and whatnot, and then once they are deemed to be competent, then you can put them on trial. So that's where we are. So a lot of people were screaming that, oh my gosh, she's you know, he's been he's going to avoid trial and all this. That is not what has occurred. This was a motion filed based on the Psyche valve and that's at the state level. The FED case takes priority. You know, stories are powerful. They help us make sense of things, to understand experiences. Stories connect us to the people of our past while transcending generations. They help us process the meaning of life, and our stories are told through images and videos. Preserve your stories with Creative Video started in nineteen ninety seven and Minhill, North Carolina. It was the first company to provide this valuable service converting images, photos and videos into high quality produced shows, videos and albums. The trusted, talented and dedicated team at Creative Video will go over all of the details with you to create a perfect project. Satisfaction guaranteed. Drop them off in person or mail them. 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So apparently she got into an argument with her former boyfriend and as he tried to leave the home, she got into her red Jeep Patriot and drove at him, running over his foot. Police arrived shortly after and arre arrested her, charged with assault with a deadly weapon and the crime of domestic violence, and she made a court appearance on Monday. She was allowed to keep her license, but they put some restrictions on it, like you're only allowed to drive between the hours of five point thirty in the morning until six thirty at night. So apparently after six point thirty she just starts running people over. I guess, but she has to be able to do She has to be able to drive because she has to take her partner slash roommate to work and she has to go for treatments for lupus. During the hearing, the Trump appeared upset that Austin was improperly screened under the newly passed Arena's Law, named after Arena Zerutzka, for an unrelated charge relating to a street takeover. The law, which took effect after the killing of Arena Zerutzka, makes it harder for people charged with violent crimes to be released from jail while waiting for trial. The judge said Austin was not supposed to have been screened under the law. Oh so it's not that somebody was screening her and that like they were not doing what they were supposed to do. This judge is saying. And I don't know which judge this is, but the judge was mad that this person was screened. She literally tried to run over a cop. It's on video. It went viral, and she was released for that, allowed to continue to stalk people in her vehicle. Three twenty five am Sunday, March one, at the Harris Teeter on Smith Farm Road. There was one of these street takeovers, you know, where all these people they all say in text messages and whatnot, they set a meetup and they all show up and then they drive around. They do burnouts and stuff and play loud music and all of this. In The affidavit states that an officer moved in front of the vehicle. Austin then began to accelerate rapidly and struck the officer, causing him to roll over the hood of the vehicle. He was taken to a hospital for treatment of minor injuries. Again, there was video of this. It went viral. She was charged with assault with a deadly weapon on emergency personnel and indicted by a grand jury. She faced three charges. As of April sixth a separate magistrate reportedly faced disciplinary action for the screening. It was unclear how the screening affected the new charges. Though I'm not really sure what's going on there. Joe Bruno from WSOCTV. He had this write up. The woman accused of hitting a CMPD officer with her car during a street takeover and running over her now former boyfriend's foot with a Jeep Patriot is out of jail. Tanas Tanasa Austin was arrested on the assault with deadly weapon domestic violence charges. She was out on bail for the previous CMPD officer incident. Her bail for the CMPD related charge was three thousand dollars that was set by Judge Roderick Davis. Court paperwork noted the circumstances of the arrest were similar to the other arrest. When Austin was booked into the Mecklenburg County Jail late Thursday, she was given no bond. Under normal circumstances, she would have been doing court the next day, but this was good Friday. There is a maximum forty eight hour hold for no bond domestic violence cases before it has to be set by a judge, and if that doesn't happen, the power goes to a magistrate. Late Saturday, Magistrate Felicia Wilson set Austin's bond at ten thousand dollars secured, which she posted and then walked out. So the judge here named by Joe Bruno is Judge Roy Wiggins. His name pops up a lot, and he's the one who ordered her only to be driving in the daylight. If you're going to be running people over like you're going to do it when the sun is up, Okay, there we go. That's that's a crackdown on crime if I've ever seen one. How many people does this woman need to run over before we consider her to be a threat to the public. Seriously, let me jump over to the uh m m m m all right. That's from the last hour's topic. This is from Jeff to Carlos Brown Junior's actions should be further proof to the gun control crowd that you could ban and confiscate every gun on the planet, but the only way to stop a killer from killing is to keep them off the street. They previously took his gun, but he still managed to kill her anyway without it. Yeah, he was a he did time. I think the charge was fell in with a firearm. Yeah. Like, if people are threats to the public by their recorded actions, then it is your duty to protect the public. Here's a great idea. How about making an escape to a really special and secluded getaway in western North Carolina. Just a quick drive up the mountain and Cabins of Asheville is your connection. 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Call or text eight two eight three six seven seventy sixty eight or check out all there is to offer at Cabinsofashville dot com and make memories that'll last a lifetime. You know me. I am all about solutions, right, and so I bring to you a piece from John Sanders at the John Locke Foundation headline mandating statewide bail guidelines and background checks. This was from October of twenty twenty five, obviously after the murder of Arena Zarutzka, and while pointing out that passage of Arena Law was a great first step, more needs to be done. Two critical needs would be to implement a statewide systematic bail guide right, so if people want to bail out there should be a state wide systematic guideline for that, and number two mandate that all magistrates in North Carolina conduct a criminal background check of each arrestee brought before them. I support both of these ideas, so he outlines the current process that magistrates used to set bail is often based on their own discretion, sometimes with very little data. This process can lead to inconsistent bail amounts, release of repeat violent offenders, and public safety concerns. Some counties in North Carolina have policies in place regarding bail ranges for certain felonies and misdemeanors, although they still allow magistrates to use their discretion. I've gone over this process before. The sitting Superior Court judge and chief district judge are responsible for setting pre trial release policies for magistrates, so long as they do not extend beyond the provisions of the Eighth Amendment, which prohibits successive bail and fines, as well as cruel and unusual punishments. So as you might imagine, this process is problematic because the policies can vary widely based on where you commit your crime and where you're arrested. Right if you are in a conservative county, you're probably going to get hit with stiffer bond amounts, higher bond amounts versus Mecklenburg County. I recall the story that now Congressman Tim Moore told me there was an assault on a student at Belmont Abbey College and the guy got arrested in Mecklinburg County, and as they crossed over back into Gaston County, he started crying because he thought he was going to Mecklenburg where he anticipated probably that he was going to be released very quickly. Instead he got brought back to where the crime occurred in Gaston County. And no, they're going to throw the book at you. So this again, these are choices the magistrates are making, the superior and district judges are making. These policies can vary widely. Also, there are a lot of times vague enough to allow for broad discretion by the magistrates who are setting the bond amounts. Now, magistrates will tell you that their job is to set a bond amount that will ensure the person shows up to court. That's the point, and that is true. However, there is a public safety component, right if you've got a guy who has been charged with, you know, breaking into a dorm room and raping somebody like that person by nature of the charge is a threat to public safety, and so they should have at minimum a very very large bond that they have to come up with. Sometimes magistrates they'll say they don't have time to conduct a criminal background check. Sometimes they simply choose not to do so. They should, but I'm not sure it's a requirement. In many counties, a magistrate can set bail within just minutes without even knowing whether the accused has a really violent passed right. That knowledge gap can put victims and communities at risk. Yeah, if you just pick somebody up on this one charge and then you don't go and pull their record to find, oh my gosh, this person had, like to Carlos Brown Junior thirty three arrests, many of them for violent crimes, maybe that should factor in as well. Once again, at minimum a very high bond, so they are unlikely then to bond out, that's the point. And if they do bond out and don't show up to court, then you go after them for the for the the bail bond company would go after them, bring them in and then you would be incarcerated until your court date. He goes on to say, here North Carolina needs a statewide systematic bail slash bond guide for magistrates and for magistrates to consider each arrestees previous charges, arrests, and convictions in making decisions. He says, yes, these background checks might make the first appearance proceedings take longer, but that has to be balanced against the social costs of not conducting the background checks and therefore not getting the decisions correct. And people ask why would they do this, why would a magistrate do this right, Well, if they don't know the background, they don't know the person's criminal record, and you're just looking at this one case in isolation, then that could be a reason why they let the person go on a low bail because now the cash list bail thing that's been thanks to Arena's Law, that's very difficult to do now for these types of violent crimes. The other is that there is a philosophy that a lot of people on the left, and when you're in a county like Mecklenburg that's completely controlled by Democrats, you have more people of this mindset that are eligible for these posts because they're going to know people that get them hired and all of that stuff. And so there is a decarceration ideology that permeates the left, and you hear them talk about is the defund the police stuff. I mean, we've had candidates running for office that are against incarceration. They say it's you know, it's it's slavery, it's white supremacy and all this. So they want to decarcerate. And you cannot have people of that ideology making these types of decisions. You just can't. There's a judge on the bench right now who is an advocate for decarceration. She won the election in the primary. I don't know how that's not disqualifying, but you know, in Democrat controlled jurisdictions, this is what we get. All right. If you're listening to this show, you know I try to keep up with all sorts of current events, and I know you do too, and you've probably heard me say get your news from multiple sources. Why Well, because it's how you detect media bias, which is why I've been so impressed with ground News. It's an app and it's a website, and it combines news from around the world in one place, so you can compare coverage and verify information. You can check it out at check dot ground, dot news slash pete. I put the link in the podcast description too. I started using ground News a few months ago and more recently chose to work with them as an affiliate because it lets me see clearly how stories get covered and by whom. The blind spot feature shows you which stories get ignored by the left and the right. See for yourself check dot ground, dot news, slash pete. Subscribe through that link and you'll get fifteen percent off any subscription. I use the Vantage plan to get unlimited access to every feature. Your subscription then not only helps my podcast, but it also supports ground News as they make the media landscape more transparent. From the text line, I got a question basically, can somebody be found guilty or not guilty? Sorry, not guilty by reason of insanity? And yes? In North Carolina if like de Carlos Brown Junior's defense proves that he was incapable of distinguishing right from wrong or understanding the nature of his actions, and that was due to a mental disease or defect. But there's a high legal threshold. According to the Interweb, North Carolina places the burden of proof on the defendant to establish insanity by clear and convincing evidence that is higher than the preponderance of evidence. Right. Preponderance of evidence is basically fifty percent. Could go either way. You're you know, it's like, well, that's the civil standard preponderance of evidence fifty percent plus one. So whichever way you lean more towards that's enough. Criminal is beyond a reasonable doubt. Some people think it's beyond a shadow of a doubt. That's not true. It's beyond a reasonable doubt. And that's a higher standard than preponderance. This is an even higher standard has to establish insanity by clear and convincing evidence. Okay, So that means it's very difficult to actually get that kind of a verdict. And according to the search results here in North Carolina, these types of verdicts not guilty by reason of insanity only occur in about zero point two to three percent of felony prosecutions point two three. Now, I think probably part of that is that you do these competency hearings prior to the trial, right, and that may weed out a lot of these a lot of cases where this could be in question where they won't go to trial, they'll take a plea agreement or something like that. But anyway, so that's what the AI powered Google Results, not Google Brave. Actually, I think their AI is called Leo. Then there's this out of Florida. Governor Ron DeSantis signed into law this week a measure that gives the state the power to label certain groups as terrorist organizations and then that allows them to dissolve their nonprofit status. It also prohibits public schools and universities from funding educational programs that the state claims promotes terrorism, and requires them to expel students who show in a disruptive or disorderly manner their support for a state designated terrorist group's extra legal violence. So this is obviously aimed at the Tenttifada. Right. The new law drafted by the governor's staff also makes it a felony for anybody to provide material support to a state designated terrorist organization. Right, So you have this designation at the federal level, and so Florida has opted to give itself this power at the state level as well. Desanta says, we don't want money flowing to these groups that are appendedes of terrorist groups, and he specifically called out the Muslim Brotherhood and the Council on American Islamic Relations as groups that are likely to be first targeted by the new law. Critics say the law is draconian, that it's islamophobic, as you might imagine that's going to stifle free speech. DeSantis also mentioned two non Islamic groups as potential targets, like Antifa as well as Trende Aragua. The new law also sent alarm bells through Florida's Muslim community because it specifically references Sharia law, and it could bar private schools from receiving vouchers if the state deems they are affiliated with these groups. Students use vouchers to pay tuition at like twenty five hundred campuses, but only a tiny fraction of these schools, less than one percent are Islamic, most are Christian. According to the story at The Sun Sentinel, the law could also chill free speech by placing pressure on individuals to avoid speaking, organizing, or engaging in certain viewpoints. According to the ACLU, DeSantis acknowledged that civil rights groups will probably sue, but he said we will win on appeal, and then he called I loved this line. He called CARE Council on American Islamic Relations an unindicted co conspirator in terrorist activities, a charge the group denies. However, if you go back to twenty ten, the Investigative Project on Terrorism, Assistant Attorney General Ronald Wyke sent a letter to Congress to four members of Congress who had asked him for details. One of those members of Congress, by the way, was our own SIU Myrick, who was asking how CARE was named an unindicted co conspirator in the terrorism Findingancing trial against the Holy Land Foundation. He said, trial transcripts and exhibits demonstrated a relationship among CARE, individual CARE founders, and a thing called the Palestine Committee. Evidence was also introduced that demonstrated a relationship between the Palestine Commity Committee and HAMAS, also a designated terrorist organization. HAMAS is an offshoot of the Muslim Brotherhood, and the trial exhibits show that the Brotherhood created the Palestine Committee. So this is why they are called with evidence, an unindicted co conspirator. But for some reason, fifteen years later, we have so many people that are like, that's not true. There's no evidence for that. Yes, there was who was presented a trial. It's in the transcripts. All right, that'll do it for this episode. Thank you so much for listening. I could not do the show without your support and the support of the businesses that advertise on the podcast, so if you'd like, please support them too and tell them you heard it here. You can also become a patron at my Patreon page or go to dpetecleanershow dot com. Again, thank you so much for listening, and don't break anything while I'm gone.