DA Bragg moves to dismiss murder charges against Tracy McCarter, nurse accused of killing husband in self-defense

Tracy McCarter
Manhattan District Attorney Alvin Bragg moved to dismiss charges against Tracy McCarter on Nov. 28.
Photo by Dean Moses

Manhattan District Attorney Alvin Bragg officially moved in court Monday to dismiss charges against Tracy McCarter, the nurse accused of killing her husband in apparent self-defense.

McCarter was cuffed in 2020 for the slaying of her husband James Murray, who was himself accused of erupting in alcohol-fueled violence that same day. After a series of stops and starts in the case — and a public outcry from her supporters — McCarter finally looked to have her name cleared on Nov. 28.

Both Bragg and McCarter appeared in court at 111 Centre St. in Lower Manhattan where all eyes and ears rested on the district attorney’s decision.

“We would like to dismiss,” Bragg stated.

This motion was first revealed 10 days before the trial was set to begin and after a public protest over the case. Supporters had pushed against Bragg for reneging on a campaign promise not to prosecute the embattled nurse, yet he continued the case anyway. On Oct. 24 protesters took to Foley Square claiming to have garnered some 20,000 signatures signed to a petition in support of dropping all charges.

Bragg had responded by claiming the process was out of his hands and instead laid blame at the feet of the judge, something that was brought up in court on Monday.

Tracy McCarter arrived to court on Nov. 28. Photo by Dean Moses

“I’m a little bit confused here, so perhaps you can help me out,” Judge Diane Kiesel said, referring to his finger pointing, telling Bragg that she herself is befuddled by his statements and asked the Manhattan DA how exactly he wished to proceed with the case.

“I just want to make sure that it’s clear that no decision I’ve made in this case will prevent you in whatever action you wish to take. So, sir, with due respect to your office, please tell me what is it that you want to do now?” Judge Kiesel inquired.

Bragg responded by stating that he didn’t intend to blame the court and after a back-and-forth exchange, the prosecutor said that he no longer wished to proceed with the prosecution.

“Your honor, I truly did not intend to blame the court. I was laying out the procedural industry required motions,” Bragg said.

The judge declared she would take the move to dismiss under advisement, and said she would take one week to decide McCarter’s fate, setting a follow-up court date for Monday, Dec. 5.

“I am hopeful the judge will make the right decision,” one of McCarter’s attorneys told amNewYork Metro as she rushed out of the courtroom.

Manhattan District Attorney Alvin Bragg. Photo by Dean Moses