Federal judge agrees to hear NC lawmakers on access to Charlotte stabbing files

Julia Coin, The Charlotte Observer on Feb 4, 2026

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CHARLOTTE, N.C. — After calling a federal judge’s order unconstitutional, North Carolina state legislators now have a court date to argue why they should be able to access and discuss the pending criminal investigative file in the fatal Charlotte train stabbing of Iryna Zarutska.

On Tuesday afternoon, U.S. District Judge Kenneth Bell issued an order saying he would hear argument in court on Feb. 11 from the chairs of the state House Select Committee on Oversight and Reform. That is two days after the committee is set to host Charlotte leaders in Raleigh for a hearing on the city’s public safety. The Ukrainian refugee’s death is expected to be a main talking point.

DeCarlos Brown Jr., the 35-year-old homeless and mentally ill man charged in Zarutska’s killing, faces a state murder charge and federal charge of killing someone on a mass transportation system.

A federal court docket drama between Brown’s defense attorneys, the U.S. attorney, a magistrate judge and state lawmakers began in late January.

State lawmakers had sent letters to Charlotte officials requesting several pieces of information, including the active criminal investigative file in Brown’s murder case. Mecklenburg District Attorney Spencer Merriweather said he planned to adhere to the request, as state law requires him to.

But U.S. Attorney Russ Ferguson and Brown’s federal defense attorneys asked a federal judge to bar such a release.

U.S. Magistrate Judge David Keesler then issued a protective order on Jan. 15, saying “release of the materials may prejudice [Brown’s] constitutional rights to due process and a fair trial.”

Republican co-chairs of the state oversight committee — Rep. Jake Johnson, Rep. Brenden Jones and Rep. Harry Warren — then filed a motion asking to be heard on the issue and calling the order unconstitutional.

On Tuesday, Bell granted that request and set the court date.

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