Manhattan murder case against Tracy McCarter is dismissed

A Manhattan judge on Friday dismissed the murder case against a nurse who claims she acted in self-defense when was accused of killing her estranged husband.

State Supreme Court Justice Diane Kiesel’s decision is the latest development in the saga that began with Tracy McCarter’s March 2, 2020 arrest for fatally stabbing James Murray in her Upper West Side apartment. McCarter has become a posterchild in the debate about criminalizing victims of domestic violence.

“We are incredibly proud to represent Tracy McCarter, who has fought her case for two and a half years to get to the only just outcome — dismissal. And we are extremely grateful to the community and advocacy groups that fought for Tracy until the end,” McCarter’s attorney Sean Hecker said in a statement.

McCarter claims Murray showed up at her Amsterdam Ave. apartment drunk, was aggressive, abusive and demanded money. She said Murray tried to strangle her and suffered a fatal chest wound during a struggle as she held a kitchen knife in a defensive stance.

The request to drop the charges against McCarter came form Manhattan District Attorney Alvin Bragg, who faced intense public pressure to hold faithful to a campaign promise to drop the case. McCarter’s supporters accused him of reneging after his election.

Kiesel previously denied two efforts by Bragg to downgrade the charges, leading some sources close to the DA to question if the jurist would honor his third request.

A mother of four, McCarter was estranged from Murray when he died. He was allegedly battling alcoholism and living between apartments. Murray had a documented history of violence against his wife, according to court records, having physically assaulted her as recently as July 2019.

There were no witnesses of the stabbing. According to court records, McCarter’s neighbors heard Murray banging on doors and McCarter yelling at him not to take her purse.

McCarter, whose first arrest was for her husband’s killing, worked as a nurse at NewYork-Presbyterian Hospital and was enrolled in a Columbia master’s degree program. She contacted 911 and was performing CPR on Murray when authorities arrived.

Her trial was scheduled to start this week, when the DA appealed to Judge Kiesel in person at a court hearing. McCarter faced up to 25 years had she been convicted of second-degree murder charges.

Murray’s ex-wife, child and brother opposed dropping the charges. The Daily News could not immediately reach them for comment.

This story will be updated.