Previous charges, delayed mental health evaluation were missed opportunities in Charlotte stabbing

The January arrest was just one of the missed opportunities in Brown's criminal history, according to experts. He had cycled through the criminal justice system for more than a decade, court records show.

“I think there are multiple failed opportunities here, in the mental health space and in the criminal justice space,” said Kenneth Corey, a former department chief for the New York City Police Department who now teaches at the University of Chicago Crime Lab’s Policing Leadership Academy.

Decarlos Brown could have faced a federal charge before

Court records show Brown was initially charged in 2014 with being a felon in possession of a firearm, which is sometimes used by federal prosecutors to pull cases into the federal system where there are often stiffer penalties. Federal prosecutors did not take the case, and the state charge was dropped in exchange for a guilty plea on a charge of robbery using a deadly weapon, court records show.

The Justice Department filing Tuesday was Brown’s first charge in federal court, according to a search of federal records.

Brown also is now charged with first-degree murder in state court, where records show he was sent a week after his arrest to a state mental hospital for an evaluation to determine his capacity to proceed with trial. Both the federal charge and the state charge could carry the death penalty.

Calls to the Mecklenburg County Public Defender's Office were not answered Wednesday.

Video released Friday shows Zarutska entering a light-rail train on Aug. 22 and taking a seat in front of Brown. Minutes later, without any apparent interaction, he pulls out a pocketknife, stands and slashes her in the neck, investigators said.

The Trump administration has blamed Democrats for what they say is out-of-control crime and violence in blue cities. The White House has highlighted Brown’s case and Trump has repeatedly referred to it, saying in one social media post: “Criminals like this need to be LOCKED UP.”

U.S. Transportation Secretary Sean Duffy chimed in early Wednesday announcing the Federal Transit Administration had launched an investigation into the security spending and safety plans for the Charlotte Area Transit System. Charlotte Mayor Vi Lyles said in a statement that the city would cooperate and has already committed to increasing security and police patrols on the system.

Corey said many federal prosecutors offices tell police and local officials they lack financial resources to try more cases of felons in possession of a firearm, which carries a penalty of up to 10 years in prison. But he believes the charge could be used better as a tool against the small percentage of people responsible for repeated violent offenses.

“They end up taking only the worst of the worst because they don't have the resources," Corey said. "And to be clear, despite multiple previous arrests, I'm not sure this man's case rose to anywhere near that threshold.”

A court must order a mental health evaluation

In January, Brown was arrested after repeatedly calling 911 from a hospital, where he complained that someone was trying to control him with foreign substances. He was quickly released without bail on a promise to return for court, which is standard for lower-level misdemeanors. The charge carries a maximum sentence of four months in jail under standards approved by the Republican-led Legislature in 2013.

His public defender requested a mental evaluation to determine if he could contribute to his defense. A judge signed an order on July 28 telling Brown to report to a community forensic evaluator within seven days. It’s unclear if Brown went. Court records show that after the train stabbing, the evaluation order was canceled without being finished.

Dr. Robert Cochrane, the statewide director of forensic services at North Carolina’s Department of Health and Human Services, noted symptoms of mental illness can ebb and wane and that anyone can petition the court if they think someone can’t contribute to their own defense.

“But it requires a court order to do an evaluation,” he said.

Delays for court-ordered evaluations aren't long in North Carolina.

In the first six months of this year, department records showed it took on average 18 days for court-ordered evaluations by a certified forensic evaluator in the community — the standard for lesser charges. It took 69 days on average between an order and an evaluation at a state mental hospital where people facing higher-level crimes are more often sent, and which usually involve more in-depth investigations including seeking records and interviews with family or friends.

An involuntary commitment also requires a court order

Brown’s mother told local television she sought an involuntary psychiatric commitment this year after he became violent at home. Doctors diagnosed him with schizophrenia.

But experts say involuntary commitments are often difficult to obtain. A court must find someone to be a danger to themself or others. Once someone is stabilized, they generally are free to leave.