(The Center Square) – Judicial hurdles that have led to an unwritten moratorium on the death penalty for two decades in North Carolina and cashless bail for some charges ended Friday with Iryna’s Law signed by the governor.
On the 10th of 10 days allowed for decision, first-term Democratic Gov. Josh Stein had just a few hours to spare when he released a video of just more than three minutes explaining his thoughts. The legislation drawing only 39 votes – all by Democrats – in opposition removes broad discretion of magistrates and makes it more difficult for repeat offenders to get out of jail.
Passage was 28-8 in the Senate and 81-31 in the House of Representatives.
“These random murders raise concerns for people all over the state,” Stein said in a video message. “Everyone deserves to be and to feel safe in their daily lives, on their way to or from work, at school, at their place of worship, in a restaurant and in their own home. We can and must do more to keep people safe.”
Stein, former two-term attorney general, said his review of public safety legislation gets one simple test: “Does it make people safer,” he said.
He said he signed it into law because the judiciary is required to take a better “look at people who may pose unusual risks of violence before determining their bail. That’s a good thing and why I have signed it into law.”
He talked longer about what he called its failures and pressed the General Assembly to consider his “comprehensive public safety package.” That would request money for more lawmen; prevention measures against violence and drugs; gun laws; and a “functioning” mental health care system.
“This is critical legislation that makes our state safer by ending cashless bail and getting career criminals off the street,” said Republican House Speaker Destin Hall of Caldwell County. “We will never forget Iryna Zarutska and this is the right first step to ensure what happens to her never happens again.”
Sen. Phil Berger, R-Rockingham, the president pro tempore of his chamber, earlier Friday said on social media, “He should have signed it as soon as it hit his desk.”
While the bill enables use of a firing squad in death penalty situations, Stein said none would happen as long as he is governor. Death penalty appeals will no longer wait indefinitely; rather, they must be heard within two years of filing. Continuances are only in the case of extenuating circumstances.
The death penalty is not prohibited in North Carolina, though it was last used on Aug. 18, 2006. Samuel Flippen was executed by lethal injection following his conviction for murder of his stepdaughter. The unwritten moratorium has existed because of litigation on fairness and methods.
Iryna Zarutska, 23, was killed while aboard the Lynx Blue Line light rail train about 10 p.m. Aug. 22 alongside Camden Road near the East/West station, according to the Charlotte Area Transit System video. Decarlos Brown Jr., arrested a 15th time in as many years, is charged with first-degree murder on the state level and charged on the federal level with committing an act causing death on a mass transportation system.
While in the local news immediately, the story went viral when video was released by Charlotte-Mecklenburg Police from cameras aboard the train.