Under North Carolina state law, a defendant is only incapable to proceed to trial if they cannot understand the nature of their charges, cannot comprehend their role in court proceedings and cannot help their own defense. Brown's attorney Daniel Roberts said the murder suspect underwent a capacity evaluation in hospital in December which he failed leading a psychiatrist to determine he is unfit to face murder charges. Zarutska died after her throat was slashed as she sat alone on a train in Charlotte, North Carolina in August 2025.