
RALEIGH, N.C. (WTVD) -- Senate President Phil Berger and House Speaker Destin Hall held a press conference at the General Assembly Thursday afternoon discussing a series of proposals they plan to include as part of a public safety package in response to the deadly attack on a Charlotte light rail last month.
Thirty-four-year-old Decarlos Brown Jr. is facing state and federal charges in the case, in which he is accused of killing 23-year-old Iryna Zarutska.
"Iryna Zarutska should still be alive today. Her life was tragically cut short because of the atrocious policies pushed by out-of-touch politicians and court officials that prioritize a perverted vision or version of equity and politicized social justice over real and tangible justice," Berger said.
Zarutska was a Ukrainian refugee who fled the country as a result of the ongoing war. Video of the stabbing has drawn national condemnation and sparked questions about the state's criminal justice system.
"Over the course of the past couple of weeks, we as a General Assembly have been thinking about what we can do to prevent the tragedy that happened in Charlotte from ever happening again in this state," Hall said.
Brown has an extensive criminal history, including serving five years in prison for robbery with a dangerous weapon. In January, he was arrested for misusing 911, a misdemeanor, and released on a written promise to appear.
"From what we can tell so far, this was largely as a result of somebody being released from jail who should not have been released from jail," said Hall.
He believes a magistrate should take a criminal's background into consideration when determining pre-trial conditions, part of a broader push to limit a magistrate's discretion in such cases.
"When folks come in and before a magistrate and they've been charged with a serious crime, if they have a prior violent felony on their record, it simply should not even be an option to allow that person to have some sort of cashless bail. They should be held in jail under a secured bond. And if that had happened here, then most likely the victim in Charlotte would still be alive today." Hall explained.
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Attorney Dawn Blagrove, who serves as Executive Director of the advocacy organization Emancipate NC, believes that's punitive.
"The idea of ending cash bail is simply just another tax on the poor. Another way to criminalize poverty, another way to destabilize our communities. The longer that people spend in jail, on post-trial awaiting trial, the higher the likelihood is that their economic life will be upended and that more criminality will result," said Blagrove.
One focus of the investigation is Brown's mental health. His mother expressed concerns over his aggressive behavior after he was released from prison, and got an involuntary commitment order for him. Hall said an offender's mental health should be taken into account by magistrates.
"We've expanded Medicaid in this state and one of the justifications for that that we heard from sheriffs was we have folks in the jails who need mental health care," said Hall.
"The prisons and the jails are no place to deal with mental health issues, nor are magistrates at all competent to make those kinds of mental health decisions," countered Blagrove.
Instead, she believes the General Assembly should focus its efforts on funding access to more mental health services.
"We don't have beds to house these folks who need mental health care. That is something that falls directly within the purview of our General Assembly. That is an issue that they actually can fix," said Blagrove.
While the package remains a work in progress, other topics mentioned Thursday included increased training for magistrates, ending the Governor's ability to start criminal justice-focused task forces, and restarting the use of the death penalty in North Carolina.
"Republicans in the General Assembly have attempted to restart the death penalty over the past decade and a half, but those efforts have been stymied at every turn," Berger said.
While the death penalty is still legal in the state, an offender has not been executed since 2006.
"The idea of bringing back the death penalty at this moment in time is both foolish and inhumane," said Blagrove.
Hall said he spoke with Governor Josh Stein about public safety on Wednesday and is hoping for a bipartisan solution. However, a Senate Democratic source told ABC 11 they were not included in discussions prior to Thursday's announcement. Republicans currently hold a supermajority in the Senate, though they are one seat short in the House.
In a statement released following the press conference, Senate Democratic Leader Sydney Batch wrote:
"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.
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 Senator Berger and then Speaker Moore, Governor 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."
In a statement to ABC 11, a spokesperson for Governor Stein's Office wrote:
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 Governor Stein urged Mayor 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.
Governor 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.
Berger and Hall were joined by former GOP and NCGOP Chairman Michael Whatley, who is running for US Senate in North Carolina.