Manhattan DA Alvin Bragg to drop charges against Tracy McCarter, who…

Manhattan DA Alvin Bragg to drop charges against Tracy McCarter, who…

Manhattan DA Alvin Bragg to drop charges against Tracy McCarter, who…

Manhattan District Attorney Alvin Bragg will no longer prosecute a Manhattan nurse who was accused of stabbing her ex-husband to death more than two years ago in what she said was self-defense.

Bragg told the judge presiding over the case on Friday that he would file a motion to dismiss the second-degree murder indictment against Tracy McCarter.

McCarter was charged with killing her husband James Murray at his Upper West Side apartment building in March 2020 following a history of abuse.

“After carefully reviewing all of the evidence and discussing this matter at length with members of my office, I have a reasonable doubt as to whether Ms. McCarter stabbed Mr. Murray with the intent required to support a conviction for murder in the second degree,” Bragg wrote. to New York Supreme Court Justice Diane Kiesel, according to a copy of the letter provided by McCarter’s lawyers.

“I decline to proceed with the prosecution of the indictment. Accordingly, because ‘the courts have no power to compel the prosecution of indictable offences’, … I also recommend that the indictment charge be dismissed,” Bragg wrote.

Tracy McCarter will not be prosecuted for killing her husband in 2020.
Steven Hirsch

In May, Bragg attempted to offer McCarter a jail-free plea bargain whereby she would plead guilty to manslaughter and felony threat, after a year of mandatory medical treatment for PTSD the charge would be dropped. However, Judge Kiesel rejected the deal.

Then in August, Bragg filed a motion to dismiss his murder indictment and instead proceed with a first-degree manslaughter charge – which was backed by McCarter’s legal team, but which was also rejected by Kiesel, who said Bragg’s office failed to make a legal sound. dispute.

With two plea deals on the table, Bragg said his only choice was to dismiss McCarter’s murder indictment.

“At this point – with the plea offered and the reduced charge foreclosed – the options left to me as district attorney are clear: to proceed or decline to proceed to trial on a charge of which I have a reasonable doubt.” , wrote Bragg.

Bragg declined to pursue the prosecution of the indictment.
Alvin Bragg said there was not enough evidence to move forward with a second degree murder charge.

“I regret that my constitutional prerogative is now limited to a choice whether or not to pursue a charge of second degree murder. Between those choices, however, I cannot responsibly move forward,” he concluded.

McCarter’s attorney, Sean Hecker, said the district attorney “righted a grave injustice.”

“Tracy McCarter is an innocent survivor of domestic violence who has suffered greatly from a criminal justice system that demands change,” Hecker said in a statement Friday. “We are grateful to everyone who has supported Ms. McCarter and heard her pleas.”

Last month, dozens of lawyers, including McCarter’s son, gathered outside Bragg’s office in Foley Square to demand that he drop all charges against McCarter.

McCarter fatally stabbed James Murray in 2020.
McCarter claims she suffered years of abuse from her husband.

During Bragg’s run to be Manhattan’s top prosecutor, Bragg lent his support to McCarter in a Tweet from September 2020 link to a press article on his case.

McCarter, 46, stabbed Murray, 48, after showing up at her apartment drunk, asking her for money and threatening her.

Neighbors remember hearing McCarter scream for help and finding her on Murray’s bloody body trying to stop him from bleeding. Earlier in the day, they said he had gone on a drunken rampage in the building.

Murray reportedly went on a drunken rampage before his death.
Neighbors recalled hearing McCarter scream for help and finding it over Murray’s bloody body.
William C. Lopez/NYPOST

McCarter had no previous NYPD records, and there was no history of reported domestic incidents at their home, authorities said.

Murray was, however, hospitalized after an argument between the couple in July 2019 due to his level of intoxication, police said. He told cops at the time that he was “an alcoholic and had relapsed.”

McCarter’s trial was scheduled to begin Nov. 28.


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