MANHATTAN (PIX11) — Murder charges filed against a New York City nurse accused of killing her estranged husband could soon be dismissed.

In a letter to a judge, Manhattan District Attorney Alvin Bragg explained he could not “responsibly go forward” with the case against Tracy McCarter. She was arrested in 2020 after she allegedly killed James Murray during a fight in their Upper West Side home. McCarter, a nurse with no prior criminal history, claimed she was defending herself from Murray at the time of the deadly stabbing.

“Mr. Murray’s death was a tragedy, and I am fully aware of the gravity of this incident and the many people who have been affected by Mr. Murray’s death,” Bragg wrote to a judge on Nov. 18. “However, after carefully reviewing all the evidence and extensively discussing this matter with members of my office, I have a reasonable doubt of whether Ms. McCarter stabbed Mr. Murray with the requisite intent to support a conviction of murder in the second degree.”

Bragg has tried a number of options in the case. In May, he wanted her to plead guilty to manslaughter in the second degree and menacing in the second degree, without an admission of responsibility. Under the proposed plea deal, McCarter’s conviction could have been vacated after a year of medical treatment. Bragg said a judge dismissed the proposal.

Then, in August, Bragg’s office moved to dismiss the instant indictment. He wanted to file a new charge of manslaughter in the first degree instead. A judge denied Bragg’s motion and ordered a trial on the murder charge, according to prosecutors. The judge felt that the issue of the charge could be addressed during the trial.

“At this stage — with the proposed plea and reduced charge foreclosed — the options remaining available to me as district attorney are stark: to proceed or decline to proceed to trial on a charge where I have reasonable doubt,” Bragg wrote. “Given those options, I decline to proceed with prosecution of the indictment.”

The district attorney appeared in court on Monday to speak with Judge Diane Kiesel about the case. Kiesel said she would take Bragg’s proposal to dismiss the charges under consideration, amNY reported. A follow-up court date was set for Dec. 5.

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