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#Family of man killed by Tracy McCarter betrayed by Alvin Bragg

“Family of man killed by Tracy McCarter betrayed by Alvin Bragg”

The family of the man killed by Tracy McCarter says they feel betrayed by Manhattan District Attorney Alvin Bragg’s move to dismiss the murder case and are demanding he brings new charges against her.

McCarter’s case was championed by domestic violence advocates after she claimed her March 2, 2020 stabbing of her husband James Murray was self-defense and that she was a victim of abuse from an alcoholic spouse.

On Dec. 2, Bragg won his bid to drop murder charges against the nurse, prompting James’ brother Steven to write to the DA Wednesday.

“Your actions to date and refusal to let a jury potentially hold the defendant accountable for her actions is beyond comprehension,” he wrote.

“It is our position that you have prematurely substituted your version of events for the fact-finding functions of the jury and neither honored your promise to the court or to my family to seek even a measure of accountability,” he continued.

A picture of Steve Murray, the brother of James Murray.
“Your actions to date and refusal to let a jury potentially hold the defendant accountable for her actions is beyond comprehension,” James Murray’s brother, Steve wrote to the DA.
J.C.Rice

Steven Murray said he’s yet to get a response from Bragg’s office. 

The Murray family met with Bragg earlier this year and “laid our hearts out on the table,” Steven Murray, told The Post. 

“Within weeks of that meeting we understood that Bragg was making efforts to reduce charges or get them dismissed — which obviously came as a shock given the emotional nature of the meeting we had with him,” Murray said.

While running for DA last year, Bragg tweeted his support of McCarter and also accepted a $500,000 campaign contribution from the group Color of Change, which had been advocating for the case to be dismissed.

Murray said his family believed the campaign contribution was “100%” behind Bragg’s desire to drop the case.

A picture of Tracey McCarter and James Murray.
McCarter claimed her March 2, 2020, stabbing of her husband James Murray was self-defense and that she was a victim of abuse.

Murray said his family heard from Bragg on Nov. 18, when he told them he was seeking to dismiss the case.

“Obviously, we expressed our unhappiness with that and again tried to have a conversation to understand what his reasoning was,” Murray said. “It became clear after speaking to him for a few minutes that it was just a waste of time.”

McCarter and James Murray’s rocky relationship culminated in the deadly violence after James drunkenly came to his wife’s Upper West Side apartment, apparently demanding money, McCarter alleged.

The Weill-Cornell nurse, 46, has been inconsistent. She contended she stabbed the 48-year-old Murray after he angrily came at her, but she has also called the stabbing accidental and said Murray was killed when he fell on a knife she was holding at her waist to protect herself.

A picture of James Murray with his niece.
McCarter and James Murray’s relationship culminated in deadly violence on March 2, 2020.

McCarter was indicted on a second-degree murder charge in September 2020.

Bragg wrote to the judge last month that he had “a reasonable doubt” whether McCarter stabbed Murray “with the requisite intent to support a conviction of murder.” He even made a rare public appearance in court to make the dismissal motion himself.

Manhattan Supreme Court Justice Diane Kiesel, who agreed to drop the murder charges, hesitated to do so and said “the public could perceive this dismissal as bought and paid for with campaign contributions and political capital.”

“Sufficient questions of fact surround this case, crying out for the opportunity to be answered at trial,” Kiesel wrote in her scathing order, noting the medical examiner did not believe the injuries were consistent with the “accident narrative.”

Kiesel, who wrote a textbook on domestic violence law and policy, concluded that “The Court finds no compelling reason to dismiss the indictment, but for the District Attorney’s unwillingness to proceed.”

A picture of District Attorney Alvin L. Bragg.
Bragg wrote to the judge last month that he had “a reasonable doubt” whether McCarter stabbed Murray “with the requisite intent to support a conviction of murder.”
Steven Hirsch

In May, the DA’s office tried to dispose of the case with a rarely used plea that Kiesel noted in her order would have been “illegal” in this situation. The office unsuccessfully sought twice more to throw out the murder indictment and replace it with one for the lesser crime of manslaughter.

Kiesel’s order left open the possibility that Bragg could still bring a manslaughter case against McCarter. The judge said she would leave the case unsealed for 60 days to allow for that.

“We are examining our options, discussing with defense counsel, and expect to reach a conclusion before the end of the 60-day stay of sealing,” Bragg spokeswoman Emily Tuttle said.

James Murray had long battled alcoholism, his brother acknowledged and had gotten out of rehab only a few days before he died.

“He was trying to get his life back together. Unfortunately, he never got that opportunity,” he said.

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