Tracy McCarter Speaks On Why She’s Suing the NYPD For Wrongful Arrest, in the death of Her Husband

It’s been nearly a year since public outcry helped end the prosecution of Tracy McCarter, a domestic violence survivor accused of killing her abusive husband. Now, she’s hoping to head back to court for an entirely different reason.

On Thursday, McCarter filed a civil lawsuit against the New York Police Department, accusing them of wrongfully arresting her. McCarter is alleging that NYPD officers and detectives repeatedly lied, leading to her arrest, prosecution, and six-month imprisonment.

The Root extensively covered McCarter’s case last year. In March of 2020, McCarter was arrested for allegedly killing her abusive husband, James Murray. According to McCarter, he attacked in a drunken rage. (Her neighbor heard her tell him to leave and what sounded like a push). She says that she picked up a kitchen knife to ward him off and that he fell into the blade and died. Evidence from court records show that McCarter attempted to save his life and called for help.

Officers said that McCarter told them she stabbed him. However, that statement did not appear on the transcript of body camera footage from the night Murray died.

“A police officer lied, and that’s what really led to three years of my life being hell,” McCarter, told The Root. “If they’re not held accountable, they’re gonna continue to do this stuff.”

The NYPD declined to comment on this story because the litigation is pending.

This is truly about accountability, she says. “I want them to know and acknowledge the harm they caused me. I want them to realize that survivors have rights, too. You know, the fact of the matter is I was in my own home when this happened. And castle defense should apply. If I’m in my own home being attacked. It shouldn’t matter who is attacking me. I have the right to self-defense. Just as any other New Yorker has the right to self-defense. They should not be treating survivors of domestic violence any differently than they would treat any other New Yorker,” she says.

McCarter says she suffered significant damages as a result of her arrest. “I was unable to work for nearly three years,” she says. “I had actual financial losses because of this. Not to count the fact I missed the birth of my grandchildren and the funerals of my loved ones. My grandmother, my aunt died while this happened... So not only do I have actual financial losses, substantial losses, I also missed on on things that can’t be returned to me.”

McCarter says she’s also fighting on behalf of Murray’s family, who she says were lied to throughout the process.

Last year, Murray’s brother expressed his disappointment that her case was not going to trial. “If Tracy is innocent of the charges, then let a jury decide that,” Steve Murray told CBS News.

“I feel like if they didn’t tell the lies in the first place, Jim’s family might actually have some sort of closure,” says McCarter.

McCarter says one thing she wants to get out of the trial aside from justice is answers. “At the very least, we get to question the ADA on my case, Sarah Sullivan,” she says. “We get to question the police officers in my case, and I really am interested in hearing their answer as to how they could do this to me. I’m just hoping that’s going to help bring some sort of closure for me. Regardless of whether there’s financial damages awarded or not, I really just want some answers.”

She says she hopes that bringing this case will help foster change in the system. “I don’t know what’s going to be the tipping point. But I know that if they just continue to get away with it with no consequence, then there’s no chance for change,” says McCarter. “But I definitely am going to continue to use the platform that they’ve given me to speak out about the wrongs and try to make change. It’s the least I can do for myself and for other victims out there.”