Exclusive: Brother of James Murray, Upper West Side man fatally stabbed by wife, wants case to go to trial
NEW YORK -- Manhattan District Attorney Alvin Bragg must decide whether to pursue a lesser charge in a high-profile case.
Earlier this month, a judge dismissed a murder indictment against an Upper West Side nurse accused of killing her husband. She says it was self-defense.
CBS2's Alice Gainer sat down for an exclusive interview with the brother of the man who was killed.
Steve Murray is angry and frustrated.
"If Tracy is innocent of the charges, then let a jury decide that," he said.
His brother James was killed in March 2020 after his wife, Tracy McCarter, stabbed him, she says in self-defense.
According to court documents, Murray showed up drunk to McCarter's Upper West Side apartment demanding money. A neighbor heard yelling.
McCarter, a registered nurse, was found trying to render aid.
Court documents give conflicting versions of what happened.
One account says Murray pushed McCarter and because she was fearful he'd put her in a headlock, she grabbed a knife and put it at his neck. When he got closer, she stabbed him.
Another says she held the knife at her waist to keep him away, but he fell forward onto the knife and was accidentally stabbed.
The medical examiner did not believe his injuries were consistent with an accident.
"Unfortunately, he had a problem with alcoholism," Murray said.
Murray says his brother was in and out of rehab.
"Could your brother get violent when he was, had been drinking a lot?" Gainer asked.
"He had that potential," Murray said.
"She's maintained this whole time she's a domestic violence survivor and she was merely protecting herself," Gainer said.
"I'm not going to speculate about exactly what happened that night. All I can do is refer back to the evidence that's at hand that doesn't support her version of events. It just doesn't," Murray said.
McCarter was indicted for murder.
"It seems from our perspective that [Bragg] came into office with a bias against this case," Murray said.
While campaigning for Manhattan District Attorney in September 2020, Bragg tweeted, "I #StandWithTracy. Prosecuting a domestic violence survivor who acted in self-defense is unjust."
Once DA, Bragg proposed a plea deal. A judge said it was illegal.
Then he wanted to dismiss the indictment and proceed with a reduced charge of manslaughter, to seek a measure of accountability. A judge denied it citing lack of evidence.
McCarter's supporters were furious and delivered a petition to Bragg's office asking him to drop the charges.
In November, Bragg told the judge he would not prosecute McCarter on the murder charge because he had reasonable doubt about her guilt.
In a written decision, the judge dismissed the murder indictment because of "the District Attorney's unwillingness to proceed," also noting his "perplexing and conflicting signals" in prosecuting the case and writing the defendant may be the victim of serious domestic violence and justified "but sufficient questions of fact surround this case, crying out for the opportunity to be answered at a trial."
READ MORE: Judge: Upper West Side nurse Tracy McCarter won't be prosecuted on murder charges
The DA was given 60 days to present the case to a grand jury for a second time on a lesser charge of manslaughter.
Last week at an unrelated news conference, he did not give an answer.
"We're not asking the DA to put her away for the rest of her life. We're asking the DA to let the legal process play out, let evidence be heard," Murray said.
"So if a jury found her not guilty, you'd be OK with that verdict?" Gainer asked.
"Probably not, but I would accept it and move on," Murray said. "It's been tough on both families ... [James] was a loving son, a great brother, a loving father ... and he's not this monster that's been portrayed in the media."
The clock is ticking on the DA's next move.
Both DA Bragg and McCarter declined interviews.
In a statement released after the murder indictment was dismissed, McCarter maintained her innocence and said they were both victims of the cruel disease of alcoholism.
