Family of a man killed by Tracy McCarter and betrayed by Alvin Bragg

The family of the man killed by Tracy McCarter say they feel betrayed by Manhattan District Attorney Alvin Bragg’s move to drop the murder case and are demanding he bring new charges against them.

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

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

“Your actions to date and your refusal to allow a jury to hold the defendant accountable for her actions are incomprehensible,” he wrote.

“We believe that you prematurely replaced your version of events with the investigative capabilities of the jury and failed to live up to your promises to the court or to my family to hold any degree of accountability,” he continued.

A picture of Steve Murray, James Murray's brother.
“Your actions to date and your refusal to allow a jury to hold the defendant accountable for her actions are incomprehensible,” James Murray’s brother Steve wrote to prosecutors.
JCRice

Steven Murray said he has not yet received a response from Bragg’s office.

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

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

When Bragg ran for DA last year, he tweeted his support for McCarter and also accepted a $500,000 campaign contribution from the Color of Change group, which had advocated dismissing the case.

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

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

Murray said his family heard from Bragg on November 18 when he told them he wanted to dismiss the case.

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

The troubled relationship between McCarter and James Murray culminated in the deadly violence after James walked into his wife’s Upper West Side apartment drunk and apparently demanded money, McCarter claimed.

The Weill-Cornell nurse, 46, was inconsistent. She claimed she stabbed 48-year-old Murray after he angrily approached her, but she has also called the stabbing an accident and said Murray was killed when he fell on a knife she was holding to her waist to protect yourself.

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

McCarter was charged with second-degree murder in September 2020.

Bragg wrote to the judge last month that he had “reasonable doubts” whether McCarter stabbed Murray “with the necessary intent to support a murder conviction.” He even rarely appeared publicly in court to petition for dismissal himself.

Manhattan Supreme Court Justice Diane Kiesel, who agreed to drop the murder charges, was reluctant to do so, saying, “The public could view this release as bought and paid for with campaign funds and political capital.”

“There are enough questions of fact surrounding this case that cry out for the opportunity to be answered in court,” Kiesel wrote in her damning injunction, noting that the coroner did not believe the injuries were consistent with the “accident history.”

Kiesel, who has written a textbook on domestic violence laws and policies, concluded that “the court finds no compelling reason to dismiss the charges other than 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 “reasonable doubts” whether McCarter stabbed Murray “with the necessary intent to support a murder conviction.”
Stephen Hirsch

In May, the prosecutor’s office attempted to settle the case with a rarely used pleading that Kiesel noted in her order that she was “illegal” in the situation. The Bureau tried twice more unsuccessfully to have the murder charge dropped and replaced with a manslaughter charge.

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

“We are reviewing our options, discussing with defense attorneys and expecting to reach a conclusion before the end of the 60-day seal stay,” Bragg spokeswoman Emily Tuttle said.

James Murray had long battled alcoholism, his brother admitted, and had emerged from rehab just days before his death.

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

https://nypost.com/2022/12/10/family-of-man-killed-by-tracy-mccarter-betrayed-by-alvin-bragg/ Family of a man killed by Tracy McCarter and betrayed by Alvin Bragg

JACLYN DIAZ

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