Judge: Upper West Side nurse Tracy McCarter won’t be prosecuted on murder charges

NEW YORK — Upper West Side nurse Tracy McCarter will not be prosecuted on murder charges, a judge decided Friday.

McCarter, 47, was charged with murder after the death of her estranged husband, James Murray, back in 2020. McCarter says she’s a domestic abuse survivor and it was self-defense.

Manhattan District Attorney Alvin Bragg said he wouldn’t prosecute her and asked for the murder indictment to be dismissed, something Murray’s family was against.

The judge wrote Friday, “The court finds no compelling reason to dismiss the indictment but for the District Attorney’s unwillingness to proceed.”

The DA does have 60 days to present the case to a grand jury for a second time on a lesser charge of manslaughter. If not, she’ll face no charges.

McCarter released the following statement Friday:

“I am innocent. And I am devastated that on March 2, 2020, a man whom I loved lost his life. We were both the victims of the cruel disease of alcoholism. Dismissing the unjust charge against me can’t give back what I’ve lost, but I am relieved that this nightmare will finally be over, and I am determined to thrive once again.”

Her legal team added, “We are incredibly proud to represent Tracy McCarter, who has fought her case for two and a half years to get to the only just outcome—dismissal. And we are extremely grateful to the community and advocacy groups that fought for Tracy until the end.”

Murray’s family released the following statement:

“Judge Kiesel’s decision to dismiss was forced by DA Bragg’s actions and approach to the case.  The judge lays out details and evidence in her written decision that indicate her view that the dismissal is not warranted.  That evidence clearly contradicts the defendant’s version of events.  We believe in the justice system and the outcome of a jury trial determining an individual’s guilt or innocence.  However,  DA Bragg has not given the victim and his family that right, instead clearly advocating for the defendant as evidenced by his tweet and campaign prior to winning office.  

“Based on the evidence referenced in Judge Kiesel’s decision, a full dismissal without any other charges isn’t warranted.  A father, brother and son is dead, and all we’ve asked for is a measure of accountability from the individual who took his life, but DA Bragg has not made that possible by his actions.”

The DA says he’s reviewing the judge’s decision.