NYC DA Asks Judge to Drop Murder Charges Against Domestic Abuse Survivor

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In a remarkable courtroom scene, Manhattan DA Alvin Bragg asked a New York judge Monday to dismiss murder charges against Tracy McCarter, who says she acted in self-defense when her estranged husband died from a stab wound in the chest in 2020.

Yes, Your Honor. … The fact that there’s one fatal wound here, not a series of wounds, the almost immediate medical attention after the infliction of that wound.This comes as an estimated 90% of women in New York who are incarcerated have been subjected to domestic violence.

So, as you said, Tracy McCarter was arrested on March 2nd, 2020, a few weeks before New York went on lockdown because of the coronavirus pandemic. She had done everything that we tell domestic violence survivors to do. She separated herself from her increasingly abusive husband. She moved out. She found her own apartment. She continued working as a nurse — and I want to emphasize that she was working as a nurse, because the pandemic would hit a few weeks later.

And according to all court filings, his death was an accident. He was drunk. He tripped. He fell on the knife. And there was one fatal stab wound. When she realized what happened, she immediately called 911 and, being a nurse, attempted to do first aid on him. And the police arrived and found her attempting first aid on him.

She spent six months at Rikers. During that time, the pandemic broke out. Rikers became a coronavirus hot spot. All hands were needed at local hospitals around New York City, and she was prevented from helping out as a nurse.

 

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