Charges against the man accused of killing Iryna Zarutska could be dismissed if a judge agrees with his psychiatric evaluation

A homeless man accused of fatally stabbing 23-year-old Ukrainian refugee Iryna Zarutska could see charges against him dropped after he was deemed unfit to stand trial, several US media outlets have reported, citing a motion filed by his attorney. He had been previously indicted by a federal grand jury in the case, which could lead to the death penalty.

Zarutska was killed on a train last August in Charlotte, North Carolina. Surveillance footage showed Decarlos Brown Jr., 34, stabbing her three times in the neck in what appeared to be an unprovoked assault. The man was arrested shortly afterward and charged with first-degree murder.

According to a motion filed on Tuesday, Brown was evaluated at the Central Regional Hospital in late December and found to be not competent to stand trial. Under North Carolina law, a defendant must be deemed capable of understanding the nature of the proceedings, comprehend their situation and assist in their defense in a rational manner.

The defendant's lawyer asked the court to delay his competency hearing, initially scheduled for April 30, by 180 days. The defense also argued that the capacity hearing cannot take place as long as Brown remains in federal custody and that the court cannot order his capacity restored while he is behind bars.

If a judge agrees with the psychiatric evaluation, charges against Brown will be dismissed. A court ruling could still allow for the charges to be refiled if he ever regains the capacity to be tried.

Brown was also ordered to undergo psychiatric evaluation as part of a separate federal court case but it was not completed as of early March according to the court filings.

The man's mother claims he is schizophrenic. Brown has a lengthy criminal record that includes robbery with a dangerous weapon.

Zarutska's killing caused a public outcry and led to calls for capital punishment for the suspect. US President Donald Trump described Brown as an "animal" and urged that the death penalty be applied.