DA charges Attleboro man accused of stabbing brother to death with murder

An Attleboro man accused of stabbing his brother to death faces a murder charge after the Bristol County District Attorney's Office added the charge Wednesday afternoon.

James McCormick, 51, is accused of fatally stabbing his brother – North Attleborough resident Richard McCormick, 47 – outside a home in an Attleboro trailer park early Monday morning. He pleaded not guilty to charges of armed assault with intent to kill and assault and battery with a dangerous weapon during his arraignment in Attleboro District Court Tuesday afternoon.

Prosecutors allege James McCormick stabbed his brother up to 10 times following a drunken argument that turned physical. But his lawyer, Frank Camera, says his client's actions constitute a “case of self-defense par excellence.”

• Learn more: Attleboro man arrested after stabbing brother to death, DA says

The DA's office had to wait until the Office of the Chief Medical Examiner had completed an autopsy on Richard McCormick's body and ruled his death a homicide before it could charge his brother with murder. Autopsy results came back Tuesday and revealed that Richard McCormick had 10 stab wounds — five to the head, four to the abdomen and one to the wrist, according to court documents.

James McCormick is being held without bail pending a dangerousness hearing. He is expected to be arraigned Friday in Bristol County Superior Court on murder charges.

“The fee upgrade was expected. The fact remains that Mr. McCormick defended himself against his brother and we look forward to his exoneration,” Camera said in a statement to MassLive Wednesday evening.

According to the prosecution, what happened that night?

James McCormick's girlfriend told police the assault happened outside 6 Melissa Drive around 3 a.m. on May 27 after the brothers returned home from picking up a truck that Richard McCormick planned to borrow, according to court documents. After being absent for several hours, the two brothers argued loudly near the truck and, upon hearing them, the girlfriend came out to try to calm the situation and quickly noticed that they were drunk.

After initially giving a slightly different account of how the fight started, the girlfriend eventually told police that Richard McCormick accidentally hit her when she tried to separate them, according to court documents. After that, the argument between the brothers turned physical and James McCormick stabbed his brother – who did not appear armed, she said.

He then dropped the knife used to stab his brother — which his girlfriend had seen him carrying several times — on a table and she put it in a bathroom cabinet, according to court documents. Detectives then found a knife in the bathroom of the home that matched the description given by the girlfriend.

• Learn more: Attleboro man stabbed his brother to death after an argument, court documents say

Police responded to the scene around 3:25 a.m. after receiving 911 calls about screaming outside the home and found Richard McCormick unconscious and lying in a pool of blood, according to court documents. They gave him medical aid and rushed him to hospital, but he was pronounced dead shortly before 4:10 a.m.

Officers also heard James McCormick pleading with his girlfriend to support his self-defense claim when they arrived at the scene, according to court documents. He was arrested on the spot.

Why did James McCormick kill his brother?

In several spontaneous statements to police, James McCormick claimed he stabbed his brother in an attempt to defend his girlfriend after his brother physically attacked her, according to court documents. “James then stated that he did what he did and would do it again,” the statement of facts in the case states.

But outside the courtroom Tuesday, Camera claimed Richard McCormick became aggressive during the argument with his brother and even attacked his brother's girlfriend. He described Richard McCormick as “enraged” during the fight.

“Whichever way you look at it, it’s a sad situation. They are biological brothers. But there was alcohol involved – excessive amounts from what I could gather,” he said. “There was a stabbing that took place in order to protect him and fend him off, and that was unsuccessful and he continued to attack my client.”

• Learn more: Lawyer says Attleboro man stabbed brother to death in self-defense

Camera added that there had been no known conflict between the brothers before the stabbing, but said he did not know what the brothers had argued about that night. His client is having trouble processing what happened but is remorseful, he said.

Court records indicate that James McCormick was previously charged with operating a motor vehicle under the influence of alcohol twice – once in 1999 and once in 2002. He has not pleaded guilty to that offense only from 2002.

His most recent trial in Attleboro District Court before the new charges was in 2005, according to court records. The case concluded with a guilty plea to assault and battery with a dangerous weapon and disorderly conduct.