Iryna Zarutska's Killer Deemed Incapable To Proceed

6,344 Views | 67 Replies | Last: 1 mo ago by dvldog
deddog
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agent-maroon said:

Get him on some antipsychotic meds, stabilize him, put him on trial, convict, execute him.


Well he was capable of going to trial the last 10 times. If he's incapable now, drop charges and then release him outside the judges house.
fullback44
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put that POS in one of Elons rockets and send him out into space, the guy is an absolute animal for what he did, the public needs to take out this POS..
combat wombat™
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If he is mentally incapable of standing trial but OBVIOUSLY a danger to society, he needs to be removed from society. Forever. Prison, mental institution. Whatever it takes to keep him from killing someone else in his criminally insane state.
91AggieLawyer
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TRX said:

Maybe you or a lawyer can explain this to me (don't know if you're a lawyer).

Can this guy commit this murder, be caught on video, admit to to a hate crime on video (hate crime is a separate discussion because all crimes are hate), be arrested, and then released? Is that what we're seeing here?

If the judge accepts this insanity **** does he just get away with it?

Please clear this up.


The "general" (i.e. non-political) idea is that if someone is incapacitated (for whatever reason), they are incapable of participating in their own defense. However, we handle juveniles and we also put people who are incapacitated away into institutions. Yet, for some reason, we refuse to use the same means to do it under the criminal code.

Participation in a defense is a backward, rather than forward, looking test. The court should appoint an ad-litem that is with the defense in every step of trial and warns the judge (in-camera, if necessary) when the defendant is not being represented adequately because their condition makes them unable to help their attorneys "get them off." But the law doesn't protect a defendant's right to "get them off;" it protects their right to a fair trial. The judge can then decide whether a true 5th and/or 6th amendment violation is occurring.
eric76
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MouthBQ98 said:

Put him in an institution that will keep him and others safe from eachother at least. The feminization of our justice system has been devastating to our law and order and is harming and killing thousands of people every year. Criminals NEED incarceration early and often to protect others from their crimes AND to protect sociopaths from the consequences of their own actions. I don't eee why the too lenient prosecutors, judges, and juries can't see they are harming everyone, even the criminal, by giving them no real consequences and opportunity to commit further crimes.

Isn't it the usual case that someone found incompetent to stand trial be committed to a mental institution until such time, if ever, that they are fit to stand trial?

If committed, it might be possible that he would be incarcerated there far longer than if he stood trial. There have been cases of prisoners thinking that serving time in a mental institution is preferable to prison so they fake a mental illness to be committed but once there spend much longer incarcerated than if they had simply stayed in prison.

I remember one case in which some twit got a sentence of like three years, got transferred to a mental institution, and was still stuck there more than ten years later.
Maroon Dawn
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Dems want this case to quietly disappear without trial so that they aren't held accountable for the dozens of opportunities to take this guy off of the streets they passed up in the name of compassion
ts5641
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****ing maddening! The entire not guilty by reason of insanity or can't stand trial due to mental issues is complete bull***** If they did it and it can be proven lock them up same as anyone else.
Smittyfubar
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If he's incapable of proceeding, then he should be incapable of breathing.
FTAG 2000
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Competent to stand try in every previous arrest (14 of them).

Somehow incompetent this time around. Guess the check cleared for the judge.
TRX
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91AggieLawyer said:

TRX said:

Maybe you or a lawyer can explain this to me (don't know if you're a lawyer).

Can this guy commit this murder, be caught on video, admit to to a hate crime on video (hate crime is a separate discussion because all crimes are hate), be arrested, and then released? Is that what we're seeing here?

If the judge accepts this insanity **** does he just get away with it?

Please clear this up.


The "general" (i.e. non-political) idea is that if someone is incapacitated (for whatever reason), they are incapable of participating in their own defense. However, we handle juveniles and we also put people who are incapacitated away into institutions. Yet, for some reason, we refuse to use the same means to do it under the criminal code.

Participation in a defense is a backward, rather than forward, looking test. The court should appoint an ad-litem that is with the defense in every step of trial and warns the judge (in-camera, if necessary) when the defendant is not being represented adequately because their condition makes them unable to help their attorneys "get them off." But the law doesn't protect a defendant's right to "get them off;" it protects their right to a fair trial. The judge can then decide whether a true 5th and/or 6th amendment violation is occurring.


Thank you for the explanation.

As far as you know in this case is Brown determined to be incapacitated now, at the time of the murder, or both? If participation in a defense is backward looking then it seems it would only matter if he was capable at the time of the murder, and based on his actions and words caught on camera, he was capable at the time.

What it sounds to me is like someone determined he's incapable now and therefore he's clear of state charges. Sounds like the feds stepped in luckily so he may not just get out, but if that didn't happen then would he have just been released?
ULTRA MAGA
doubledog
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Is he capable for a lobotomy? Seems like a win/win situation.
BusterAg
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Helicopter Ben said:

Things like this leave me scratching my head. Normally when something insane happens in the realm of politics, it doesn't take many steps to connect the dots back to money/corruption. And if it's not that, then it goes to ideology. I get that this probably has to do with the second option, but what broader purpose does this serve for the left?



Some lawyer paid a doctor a lot of money for an "expert" opinion to help his / her career as a criminal defense attorney.

The end.
SgtBarbarossa
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If this had happened just across the boarder in South Carolina, they could have gone for the firing squad. So close.
BMX Bandit
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Quote:

As far as you know in this case is Brown determined to be incapacitated now, at the time of the murder, or both? If participation in a defense is backward looking then it seems it would only matter if he was capable at the time of the murder, and based on his actions and words caught on camera, he was capable at the time.

it deals with his current ability to understand the charges and participate in his defense.

if the judge agrees with the psych evaluation, he will be confined and treated until he is able to proceed to the murder trial
Viper16
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Gaeilge said:



What an absolute load of total bull***** They continue to refuse to hold these monsters accountable! If he is incapable of proceeding, why in the **** was the SOB out to begin with!! His wrap sheet is a mile long!


Train Station!!!
The two most dangerous domestic terrorists groups in the USA are the modern democrat party and the main stream media.
Class of ‘73
F-16 FWS
Signel
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Y'all remember when Thomas Johnson (aggie WR) lost his marbles and randomly murdered a jogger in Dallas with a sword?

He had a long history of doing BS crazy stuff... He has schizophrenia but is now serving a life sentence for killing the guy (as he should.)

https://www.cbssports.com/college-football/news/former-texas-a-m-wide-receiver-thomas-johnson-found-guilty-of-2015-murder-of-jogger/

Yeah, it is possible for a person to have serious mental health issues. The brain is just another body part that can have problems. We all know this is true.

I don't have the answers, but I know there are a ton of questionable mental health folks walking around on the roads, and it would be in EVERYONE's best interest if we found a way to take them off the streets and prevent more murders like this. Does that mean MHMR? Is it the governments job to do this?

I wish there was a way to solve this.

Kenneth_2003
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There is a way...
But it's ugly and no one want to touch it with a 10ft pole. It's not because of cases like this, but the cases that are not quite as cut and dry. The result however is that it has become nearly impossible to have someone involuntarily committed and even if it weren't...
  • State mental hospitals are probably VERY expensive
  • Everyone that's a borderline case or that gets stable on some meds becomes the poster child for civil liberties abuse claims
BlueSmoke
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El Chupacabra
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Congratulations, Democrats! Equality, amirite!?
Gaeilge
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He was competent the last 14 times he was arrested and charged. What changed besides the heinous nature of the crime?
Kenneth_2003
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Gaeilge said:

He was competent the last 14 times he was arrested and charged. What changed besides the heinous nature of the crime?

This one was plain as day, aired nation wide, in HD video?
The victim was a legal immigrant and white?
The victim had stable full time employment?
zephyr88
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Fdsa said:

That's a report from a hospital. Judge still has to decide whether to accept the findings.

Who is this 'hospital judge'?
normalhorn
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doubledog said:

Is he capable for a lobotomy? Seems like a win/win situation.

Dream bigger.... I'm not suggesting someone bribe a member of the skinhead brotherhood to "unalive" this character once he arrives in prison. I'm definitely not suggesting that as a favorable outcome.
c-jags
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BMX Bandit
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Gaeilge said:

He was competent the last 14 times he was arrested and charged. What changed besides the heinous nature of the crime?

was there an evaluation done or claim he was not any of those previous times?
nortex97
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The democrats don't want the narrative to be drawn from a trial/conviction. That's what has changed. Their war, their refugee, their criminal, their judge, none of it helps them in November, including in next-door North Carolina's senate race this November.
5Amp
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c-jags said:



Were all his assault victims white?
ErnestEndeavor
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He committed a heinous crime and he's crazy. The two are not mutually exclusive.
Trajan88
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Start the trial without this "accused" killer... he no-shows in court, convict him in absentia.

Hell... try him for a crime against humanity in some international court.
BMX Bandit
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nortex97 said:

The democrats don't want the narrative to be drawn from a trial/conviction. That's what has changed. Their war, their refugee, their criminal, their judge, none of it helps them in November, including in next-door North Carolina's senate race this November.

your comments on democrats are without question on point.

but my question stands as to his previous arrests.
schmellba99
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Buck Turgidson said:

All the more reason to dispatch him without further delay. This POS will always be a danger. Pop him in the cranium and be done with it.

Crabs and gators need to eat too
schmellba99
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doubledog said:

Is he capable for a lobotomy? Seems like a win/win situation.

It's only a win if the lolbotomy is done with a 12 gauge, 00 Buckshot.
dvldog
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Quote:

DHILLON: "Folks: I had a great call this morning with our US Attorney in Charlotte. Brown remains in federal custody and so the parallel state proceedings are in no way dispositive. There will be a federal competency determination and prosecution track taking precedence."

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