Judge says she'll rule on Tracy McCarter prosecution this week

NEW YORK - An Upper West Side nurse awaiting trial on charges she killed her estranged husband will have to wait a few more days to find out whether or not a judge will dismiss the murder indictment against her. 

Supporters were in the courtroom. They maintain she's a domestic abuse survivor who acted in self-defense. 

As CBS2's Alice Gainer reports, 47-year-old Tracy McCarter left the courtroom without answering questions. Minutes earlier, Manhattan DA Alvin Bragg spoke with the state supreme court judge. 

"What you want to do now is to dismiss this case outright, is that correct?" the judge asked. 

"Yes, your honor," Bragg said. 

McCarter is charged with fatally stabbing her estranged husband in March 2020 with a kitchen knife, she claims in self defense. 

According to court documents, James Murray arrived at the Upper West Side apartment after drinking. A neighbor heard arguing and went to the apartment. 

McCarter, a registered nurse, was kneeling over Murray putting pressure on his chest, yelling for help and had already called 911. 

She says her husband had a history of violence and drinking. 

Earlier this month, the DA sent a letter to the judge saying he would not prosecute McCarter. 

"I cannot proceed to trial on a charge that I do not believe in," Bragg wrote. 

In court Monday, he told the court he had reasonable doubt about her guilt. 

"The fact that there is one fatal wound here. Not a series of wounds. The almost immediate medical attention after infliction of that wound," Bragg said. 

"It's a pretty extraordinary thing for a DA to file a request for a judge to dismiss an indictment, let alone a murder indictment," said Jocelyn Simonson, a professor at Brooklyn Law School. 

Months prior, the DA proposed a plea deal that he says would've provided a measure of accountability. The judge said no. He then wanted to proceed with a reduced charge of manslaughter. A judge denied it, citing lack of evidence. 

Back in September 2020, while campaigning for Manhattan DA, Bragg tweeted "I #StandWithTracy. Prosecuting a domestic violence survivor who acted in self-defense is unjust." 

McCarter supporters were furious that, once elected, he then proceeded with prosecution, and last month delivered a petition to his office. 

"I just wanted to thank you for your support," Bragg said. 

Many were in court for the hearing Monday wearing red "I Stand With Tracy" t-shirts. 

The judge told the court she had received letters on behalf of Murray's family from his brother, ex-wife and 17-year-old daughter opposing a dismissal. 

The judge did not issue a decision Monday, saying instead she will issue a written decision before the ned of the week. 

"It was really disappointing that a decision was not made today and we think that's because the motion was not as strong as it could have been," said Samah Sisay of Survived & Punished NY. 

In a few days, we'll know the judge's thoughts. 

According to a court filing, McCarter has no criminal history, or history of violence. 

Pending the judge's decision, a court date of Dec. 5 was put on the calendar.