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Metro

Alvin Bragg ripped for prosecuting domestic violence victim who claims she killed husband in self defense

By
Desheania Andrews and
Gabrielle Fonrouge
Published Oct. 24, 2022
Updated Oct. 24, 2022, 5:04 p.m. ET

Advocates rallied against Manhattan DA Alvin Bragg on Monday to protest his efforts to prosecute a domestic violence survivor who claims she killed her husband in self defense.

Dozens of people with signs stating “Free Tracy” and “#StandWithTracy” gathered in Foley Square to call on Bragg to drop the charges against Tracy McCarter, a Big Apple nurse who stabbed her husband in 2020 following a history of abuse. 

“It’s disheartening seeing the betrayals in the legal system. Things not going according to justice and dragging on for so long,” Justin McCarter, Tracy’s 26-year-old son, told The Post. 

“Do your job. Do what you promised,” he said of Bragg. 

During the embattled DA’s run to be Manhattan’s top prosecutor, Bragg threw his support behind McCarter in a Sept. 2020 tweet linking to a news article about her case. 

Advocates carry a sign during a rally at Foley Square to protest DA Alvin Bragg.
Advocates carry a sign during a rally at Foley Square to protest DA Alvin Bragg. Stefan Jeremiah for NY Post
Manhattan DA Alvin Bragg speaking with his hands, wearing a blue tie.
Advocates say there is more Manhattan DA Alvin Bragg can do to drop the charges. PETER FOLEY/EPA-EFE/Shutterstock

“I #StandWithTracy.  Prosecuting a domestic violence survivor who acted in self-defense is unjust,” he wrote at the time.

Now, advocates are furious with Bragg for reneging on the campaign promise. 

“As you heard, just last year Alvin Bragg tweeted out his support for Tracy McCarter. He ran for office on the premise of being a black man from Harlem who gets it. What good has it done Tracy?” Angel Parker, the envisioned freedom funds program coordinator for CourtWatch NYC, said during the rally. 

“You don’t get to build your career painting yourself as an advocate for survivors in the black community, only to turn around and throw that same community under the bus and criminalize that same community when it’s convenient for you.” 

A person speaks into a megaphone at a protest in support of Tracy McCarter in Foley Square.
Advocates called on Manhattan DA Alvin Bragg to drop all charges against Tracy McCarter. Stefan Jeremiah for NY Post

In March 2020, while former Manhattan District Attorney Cyrus Vance was still in office, McCarter stabbed her husband James Murray after he drunkenly showed up at her Upper West Side home, demanded money and threatened her life. 

Neighbors recalled hearing McCarter screaming for help and finding her over Murray’s body trying to stop him from bleeding. 

Earlier in the day, they said he went on an intoxicated rampage in the building. 

McCarter’s case has been slowly moving through the court system ever since and it was a case that Bragg inherited from Vance after he took office. 

Tracy McCarter shown during a hearing in Manhattan criminal court beside two court officers.
Tracy McCarter claims she killed her husband in self defense in March 2020. Steven Hirsch

In May, his team asked the court to accept a no-jail plea deal where McCarter would plead to manslaughter and criminal menacing while maintaining her claim that she was innocent. 

Under the deal, McCarter would be ordered to pursue treatment for her PTSD for a year and if she complied and was not re-arrested, the manslaughter conviction would be dismissed from her record. 

The judge overseeing the case, Justice Diane Kiesel, ultimately rejected the offer. 

Solomon Acevedo, Deputy Public Advocate for Justice, Health Equity and Safety speaks at a protest in support of Tracy McCarter in Foley Square.
Advocates rally against Manhattan DA Alvin Bragg at Foley Square. Stefan Jeremiah for NY Post

Two months later, Bragg’s office filed a motion to dismiss the indictment against McCarter and proceed with a first-degree manslaughter charge, a request her legal team supported but on Aug. 30, Kiesel denied it, saying Bragg’s office failed to make a sound legal argument. 

While the court has rejected two motions that would have mitigated McCarter’s case, advocates and legal experts say there is more Bragg’s office could do to throw out the charges, such as filing a stronger motion to dismiss that the court would accept. 

“The lie being floated by the Manhattan DA office is that ‘they’ve done all they can do, they’ve  offered a plea, they tried to drop the murder charge and it’s the judge that is making the situation difficult, not their office’ and we know that’s a lie,” Samah Sisay, a member of Survived and Punished NY, said during the rally. 

“What we’re hearing from the Manhattan DA’s office, is that Tracy, after surviving various forms of violence, is now being punished because she dared to protect herself. The criminal legal system has become another form of abuser to her.” 

The DA’s office said they could not comment on pending cases and pointed to a statement they previously issued following Kiesel’s decision on Aug. 30. 

“The dignity and wellbeing of survivors is at the center of the Office’s work, and the Special Victims Division leadership supervising this case has deep experience in survivor-centered and trauma-informed practice,” spokesperson Emily Tuttle said. 

McCarter’s trial date is set for Nov. 28.