Judge Blocks CMPD Video Release

A federal judge has ordered the Charlotte-Mecklenburg Police Department (CMPD) not to release any body-worn camera (BWC) audio or video evidence tied to the August 2025 killing of Iryna Zarutska on the city’s light rail line, temporarily halting disclosure to the media amid concerns the material could prejudice the case.

U.S. Magistrate Judge David Keesler, a Democrat, issued a three-page preliminary protective order on Monday directing the CMPD to withhold all related recordings, including body-worn camera footage and 911 calls, until further order of the court. The order is subject to reconsideration once responses are filed by the parties.

The federal order arrived hours after a state judge earlier Monday granted WSOC-TV access to video recordings in the case. Keesler’s ruling supersedes that decision while the federal court considers the defendant’s objections.

Defendant Decarlos Dejuan Brown Jr., through his lawyers, sought the protective order after the state court ruling, arguing that releasing the recordings would threaten his constitutional rights to due process and a fair trial. His attorneys wrote that the case is “death-eligible” and has drawn intense media coverage, increasing the risk of prejudice if evidence is released outside the courtroom.

North Carolina law lays out a complex process for the public and the media to obtain police body camera footage.

Brown faces state murder charges and a federal indictment returned Oct. 22, alleging one count of Violence Against a Railroad Carrier and Mass Transportation System Resulting in Death. According to court filings, about 42 body-worn camera recordings are associated with the investigation.

Keesler’s order states that CMPD 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.”

Brown’s lawyers contend the footage is not a public record under state law and that any public interest at this stage is outweighed by potential harm to the defendant’s rights and to the safety of witnesses.

The filings also describe shifting positions in state court. Zarutska’s family initially objected to releasing law enforcement recordings, including 911 audio, to media outlets. A state judge first allowed the family to view the videos but barred release to third parties. Later the same day, family members withdrew their objection to media access if the restriction on third-party release were lifted.

Court records say CMPD and the Mecklenburg County District Attorney’s Office did not oppose release with conditions, proposing that all recordings be provided to WSOC so the station could later seek specific clips. Brown’s attorneys objected to that approach, and his federal lawyers advised the state court that they would seek a federal protective order, which was granted.

In granting the order, Keesler wrote that the defendant forecast harms, including due process violations from inadmissible or prejudicial information being made public and potential risks to witnesses. “Based on the harms Defendant forecast, the Court finds good cause exists to enter a preliminary protective order,” he wrote.

Zarutska’s death drew national attention and prompted legislative action in North Carolina. The General Assembly approved Iryna’s Law in September, and Gov. Josh Stein signed the measure into law on Oct. 3. Rutherford and McDowell County District Attorney Ted Bell called the law a "knee-jerk reaction" to her death, which may burden counties with unfunded mandates.

A memorial for Zarutska has been established at the Charlotte light rail stop where she was killed, as the legal proceedings continue in both state and federal courts.