Watch CBS News

Protesters rally for Upper West Side nurse accused of murdering husband, ask Manhattan DA to drop all charges

Protesters rally for nurse accused of murdering husband
Protesters rally for nurse accused of murdering husband 02:24

NEW YORK -- There was a rally held Monday for an Upper West Side nurse accused of murdering her husband. Protesters called on the Manhattan district attorney to drop the charges, arguing the woman is a domestic violence survivor and was only defending herself.

Supporters rallied in Foley Square, demanding DA Alvin Bragg drop all charges against 46-year-old Tracy McCarter.

"She is very distraught. Like, she's not allowed to come here today to advocate for herself," son Justin McCarter told CBS2's Alice Gainer.

The group delivered a petition with over 20,000 signatures.

READ MOREDomestic violence town hall sheds light on resources for South Asian and Indo-Caribbean survivors

Tracy McCarter was arrested in March 2020 after allegedly fatally stabbing her husband with a kitchen knife. She clams it was done 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. Tracy McCarter, a registered nurse, was kneeling over Murray putting pressure on his chest, yelling for help and had already called 911.

She told officers, "He started trying to take my money. He said, 'Just give me money,' and I was not giving him my money, and he pushed me."

READ MOREGov. Kathy Hochul signs legislation package strengthening protections for domestic violence survivors

Tracy McCarter was charged with murder and indicted by a grand jury in September 2020. Supporters say the grandmother is a survivor of domestic violence and that her husband had a history of violence and drinking.

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

"Disgusted with the fact that he's continued prosecuting her after voicing support for her," said Angel Parker of the Envision Freedom Fund.

READ MOREWestchester woman Jonitha Alston has sentence reduced under Domestic Violence Survivors Justice Act

In May, as district attorney, Bragg proposed a plea deal. A judge said no.

In August, a motion was submitted to dismiss the indictment and proceed with a reduced charge of manslaughter.

"Mr. Murray's family has suffered a great loss as a result of defendant's conduct," and that this would "maintain serious charges against defendant."

A judge denied it, citing lack of evidence.

"The DA could drop the charges," litigation attorney Andrew Lieb said. "But it would be a dismissal on recommendation, meaning that the judge would also have to sign off on that, and the judge has not signed off on a reduction from murder to manslaughter. So, it's unlucky without further evidence being given to the judge that the judge would entertain such an application."

A spokesperson for the Manhattan District Attorney's Office said because the case is open and pending it won't comment.

The trial is set for next month. 

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.