Mecklenburg's DA acknowledges criminal justice system gaps following light rail killing

• Another recent example in August is when CMPD got into a shootout with a man described as "acting erratically." The family had tried to get an involuntary commitment for the man the day before, but a Mecklenburg County magistrate denied the request, according to police.

What they're saying: District Attorney Spencer Merriweather, bound by legal rules, wouldn't comment directly on the case. But he spoke broadly with Axios about the limitations and complexities of holding accountable defendants with mental health issues.

• Often, defendants must undergo an evaluation to determine whether they are mentally capable of assisting in their own defense.
• Merriweather noted some defendants stay in mental health facilities for years while the court waits for them to reach the capacity to stand trial. In some instances, judges eventually dismiss cases, releasing people who committed dangerous acts.
• He also says the standards for involuntary commitment are more complex than they seem.

Case in point: Brown was released from jail without bond in January for misusing 911. He claimed he was given "man-made" material, controlling when he ate, walked and talked.

• In July, Brown's public defender questioned his ability to proceed in his court case. The judge ordered a forensic evaluation, which was never done, and Brown stayed out of custody, Queen City News reported.
• Charged with Zarutska's murder, Brown is now being held without bond and was recently ordered to complete a competency evaluation for the trial, WBTV reported.
• Brown's past convictions include armed robbery, felony larceny, breaking and entering, and shoplifting, according to WBTV.

Reality check: North Carolina faces a shortage of mental health resources.

• In the early 2000s, lawmakers slashed the number of state hospital beds without adequately funding community care, as part of a national movement to deinstitutionalize mental health.
• As of last year, North Carolinians in crisis in emergency rooms wait 16 days on average for a state psychiatric hospital bed, as WFAE investigated in 2024.
• Uptown also lacks a non-congregate homeless shelter, although "A Home For All," a public-private strategy aimed at addressing housing insecurity, recommends one.

Merriweather points to some systemic improvements, especially in handling repeat offenders. In 2023, the Pretrial Integrity Act became law. It requires judges — not magistrates — to set release conditions for 18 violent offenses.

• Judges can also now decide the conditions for defendants who are facing any type of new offense while awaiting trial for another. This means if someone is charged with a misdemeanor — like public urination, for instance — while another case is pending, a judge may order a mental health assessment, whereas a magistrate wouldn't.
• Another misdemeanor? Fare evasion. (Brown is believed to have boarded the light rail without paying, per WBTV.) Merriweather suggests considering tighter punishments for such offenses or using these types of minor violations as a means of early intervention.
• "The public safety threat that you're actually after is one that could be remedied well before you grind your way through a court system," Merriweather says.

Zoom out: With only 85 prosecutors, the District Attorney's office in Charlotte is under-resourced compared to other areas of its size. About 300 homicide cases are pending.

• State legislators have considered funding more assistant DAs, but the issue is at a standstill until a budget is passed, Merriweather says.

The bottom line: It is "significant that our community is focusing its attention not only on public safety, but also how mental health impacts public safety," Merriweather says. "But we're at the very beginning of a conversation, not an end of one."