Bragg Asks To Dismiss Murder Charge Against UWS Mom And Nurse

Written by on November 30, 2022

An image of Manhattan District Attorney Alvin Bragg.
An image of Manhattan District Attorney Alvin Bragg. ( Michael M. Santiago/Getty Images)

UPPER WEST SIDE, NY — Over two years after Tracy McCarter fatally stabbed her allegedly abusive husband in an Upper West Side apartment, Manhattan District Attorney Alvin Bragg made good on support shown during his campaign to ask for the dismissal of murder charges against the mother of four and nurse.

Bragg appeared in court on Monday to file a motion to dismiss the second degree murder indictment against McCarter, who says she was defending her life against an attack from her drunk husband.

Supreme Court Judge Diane Kiesel said she would issue her decision on Bragg’s request in writing by the end of the week.

There was some expectation that Kiesel would immediately grant Bragg’s request to drop the murder charges, and that Bragg would go a step farther and ask ask for all charges to get dropped against McCarter.

“We are deeply disappointed that today is not the cause for celebration our family expected it to be,” Ashley McCarter, one of Tracy’s four children, wrote in a statement after the court hearing. “He (Bragg) needs to firmly commit to dropping the murder charge against my mom and not bring any other charges against her.”

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McCarter was arrested just before the COVID pandemic shutdown in March 2020 after allegedly stabbing her husband with a kitchen knife, who she was separated with at the time.

Her husband arrived at their Upper West Side home drunk, demanded money to buy alcohol, and then attacked her when she said no, according to court documents.

In an effort to defend herself, she stabbed him once in the chest, and did her best to administer aid as she called the police, the documents reads. He died a short time later.

McCarter was arraigned a day later and held without bail because the office of District Attorney Cy Vance Jr. determined she was a flight risk due to her previously working as a traveling nurse and having family in Texas, despite the fact that she had a full-time job at Weill-Cornell since 2014.

In the time since, McCarter spent several months on Rikers as her case moved slowly through the pandemic-delayed court system. Multiple times efforts to reduce her sentence or dismiss the indictment have been denied.

A rally took place at the end of October that included the hand delivery of more than 21,000 signatures directly to Bragg’s office in an effort to drop all charges against her.

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Bragg has been criticized for showing support for McCarter during his campaign, but then not following through to get justice for the Upper West Sider.


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