Lawyer claims Mass. man stabbed his brother to death in self-defense (2024)

A defense lawyer for an Attleboro man accused of killing his brother claims his client stabbed his brother to death in self-defense during a drunken argument that turned into a physical fight.

James McCormick, 51, is accused by authorities of fatally stabbing his brother — 47-year-old North Attleborough resident Richard McCormick — outside a home at an Attleboro trailer park early Monday morning, according to court documents. The prosecution says that he stabbed his brother up to 10 times with a red folding knife that they recovered from the scene.

James McCormick faces charges of armed assault with intent to murder and assault and battery with a dangerous weapon in the death of his brother. But during McCormick’s arraignment in Attleboro District Court Tuesday morning, Attorney Frank Camera characterized his client’s actions as “a quintessential self-defense case.”

As James McCormick stood before the court appearing nervous, the prosecution asked that he be held without bail pending a dangerousness hearing. Authorities are waiting for the Chief Medical Examiner’s Office to issue an official cause and manner of death for Richard McCormick before they charge his brother with murder, the assistant district attorney said.

In turn, Camera did not request bail for McCormick, reserving his right to argue for it once charges against his client are upgraded. The judge ultimately ordered McCormick held without bail pending a dangerousness hearing on May 31.

The case for self-defense

Outside the courtroom, Camera argued that Richard McCormick became aggressive during the argument with his brother outside 6 Melissa Drive, and even attacked his brother’s girlfriend. He described Richard McCormick as “raging” during the fight, which court documents indicate happened on May 27 around 3 a.m.

“It’s a sad situation any way you cut it. They’re biological brothers. But there was liquor involved — excessive amounts from what I can gather,” he said. “There was a stab that occurred in order to protect and ward him off, and that was unsuccessful and he continued to go at my client.”

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

Camera added that there was no known conflict between the brothers prior to the stabbing, but said he did not know what the brothers had argued over that night. He said his client is struggling to digest what happened.

“It’s pretty evident that he’s upset. I mean, it’s his brother. Obviously, there’s remorse that the entire event occurred,” he said.

Camera also acknowledged that his client has a criminal record, but emphasized that the offenses are “minor.” Court records indicate that James McCormick was accused of operating a motor vehicle under the influence of liquor twice — once in 1999 and once in 2002 — but that he only pled guilty to the offense in the case from 2002.

James McCormick’s most recent case out of Attleboro District Court prior to the new charges was in 2005, according to court records. The case concluded with him pleading guilty to assault and battery with a dangerous weapon and disorderly conduct.

Other accounts of what happened

James McCormick’s girlfriend told police during an interview that the stabbing happened after the two brothers had gone to fetch a truck that Richard McCormick had planned to borrow, according to court documents. When they returned to the home after being gone for hours, she could hear them outside arguing loudly and went out to try to diffuse the situation.

At this point in the story, the girlfriend’s account of what happened varies slightly between the two accounts she provided police. She told officers who responded to the home that Richard McCormick pushed her during his argument with his brother to rile his brother up, according to court documents. He also punched her in the face when she tried to break up the fight, at which point James McCormick began stabbing his brother.

Later, during an interview with officers at a police station, the girlfriend told them Richard McCormick accidentally punched her when she tried to separate the brothers and intended to punch his brother, according to court documents. After that, the brothers’ argument became physical, and James McCormick eventually stabbed his brother — who appeared unarmed.

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

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

Officers also heard James McCormick and his girlfriend arguing loudly inside the home when they arrived at the scene, according to court documents. They heard him pleading with her to support his claim of self-defense. He was arrested at the scene.

In multiple unprompted statements to police that night, James McCormick claimed his brother had attacked his girlfriend, and that he stabbed his brother in an attempt to defend her, according to court documents. “James then stated that he did what he did and he would do it again,” the statement of facts reads.