Federal judge blocks CMPD video release in light rail killing case
A federal judge ordered Charlotte-Mecklenburg police Monday not to release any video or audio related to the federal case involving Iryna Zarutska’s August 2025 killing on the city’s light rail transit line.
The order arrived after a judge in state court had issued an order earlier in the day compelling police to release recordings to WSOC television.
“The Charlotte-Mecklenburg Police Department is ORDERED to not disclose any audio or video related to this case, including the body-worn camera footage and/or the 911 calls, and/or their contents, directly or indirectly to any third-party, including WSOC-TV, until further order of this Court,” US Magistrate Judge David Keesler wrote in his three-page order.
Keesler labeled his document a “preliminary protective order.” The order is “subject to reconsideration” once parties in the case file responses.
Defendant Decarlos Dejuan Brown Jr. filed an emergency motion for a protective order in federal court after the state court ruled that WSOC could have access to the material. The television station initially requested access to the recordings in October.
“This case is a death-eligible case and has been the subject of intense media coverage,” Brown’s lawyers wrote. “Releasing the evidence to the media at this stage of the proceedings will prejudice Mr. Brown’s constitutional rights to due process and a fair trial.”
In addition to state-level murder charges, a federal grand jury indicted Brown on Oct. 22 on “one count of Violence Against a Railroad Carrier and Mass Transportation System Resulting in Death.”
Some 42 recordings from body-worn cameras are tied to the case, according to Brown’s court filing.
Along with Brown, Zarutska’s family members initially objected to releasing law enforcement recordings, including 911 audio, to media outlets.
A state judge initially granted access to the video recordings to Zarutska’s family but blocked release of that material to any third party. Later that day, family members withdrew their objection to the videos’ release to the media if the judge would drop the restriction on releasing the video to third parties.
CMPD and the Mecklenburg County District Attorney’s office “did not oppose release of the recordings, with certain conditions,” Brown’s lawyers wrote. “CMPD proposed that the court release all of the recordings to WSOC, so they could then tailor their request to specific recordings and/or portions of recordings.”
Brown’s state lawyers objected, explaining that the video footage is not a public record under state law. “Counsel also argued that the potential prejudice to Mr. Brown’s constitutional rights to due process and a trial and case far outweigh any potential public interest in viewing the recordings at this preliminary stage of the criminal cases,” according to the federal court filing.
Brown’s federal lawyers agreed. “They also noted that Mr. Brown’s case in federal court is now the primary jurisdiction for prosecution,” according to the court filing. “And they advised the state court that they intended to file this motion asking for a federal protective order.”
“The state court expressed surprise at some of the parties’ positions on WSOC’s motion,” Brown’s federal lawyers wrote. “After hearing arguments, it adopted CMPD’s proposal that all recordings be released to WSOC. After viewing the recordings, WSOC can return to request the release of specific recordings or portions of recordings. The court cautioned that there would be ‘no disclosure whatsoever’ of the recordings to third-parties.”
“In the motion before this Court, Defendant contends the release of the recordings will allow the press ‘to report information directly related to this case but outside the confines of the courtroom,’” Keesler wrote in his order. “Defendant argues ‘the due process violations from inadmissible or prejudicial evidence being released to the public will put any future proceedings at risk.’ Defendant also contends release of the recordings may jeopardize the safety of individuals, including witnesses interviewed.”
“Based on the harms Defendant forecast, the Court finds good cause exists to enter a preliminary protective order,” Keesler wrote. “This is subject to reconsideration after any responses are filed.”
Zarutska’s death attracted national attention. Her killing prompted the North Carolina General Assembly to approve Iryna’s Law in September. Gov. Josh Stein signed the measure into law on Oct. 3.
“Federal judge blocks CMPD video release in light rail killing case” was originally published on www.carolinajournal.com.
