James McBratney (November 17, 1941 New York City, New York – May 22, 1973[1] Staten Island, New York) was an Irish American who is believed to have been involved in the kidnapping of Emanuel "Manny" Gambino (nephew of Carlo Gambino) in October 1972 and Lucchese crime family caporegime Francesco Manzo and Gambino crime family mafioso Vincent D'Amore.
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James McBratney a.k.a. "Jimmy From Queens" was born to first generation Irish emigrants from Northern Ireland in 1941. He first met his longtime friend and fellow Irishman, Edward Maloney at Green Haven Correctional Facility where McBratney had been convicted of armed robbery. Maloney would later describe James as a "devoted family man". McBratney stood at 6'3", weighed 250 pounds and was an avid weightlifter who was said to have been able to benchpress 400 pounds. Maloney later commented about McBratney's behavior while incarcerated saying, "he was quiet, a listener and learner and soon we were discussing heists we might do together." McBratney was very knowledgeable about firearms and wanted to become a collector. He was the father of two small children, including a son Joseph who lived in Staten Island, New York. While incarcerated his wife visited him in prison regularly on congenial visits and corresponded with him through letters every day. Unlike many criminals, McBratney remained throughout his life devoted to his wife. When fellow inmates in prison discussed mistresses and women in a degrading manner it upset him. He wanted to save up his illicit funds earned by armed robbery, kidnapping and gun running and open up a night club. This would have been impossible for the liquor license board would have never awarded him the certificate because of his connections with the Gambino crime family and Colombo crime family, including his own personal extensive criminal record. It is wrongly perceived that McBratney was the leader of the kidnapping gang, while he did oversee the kidnappings he was just a "point man" and "middle man."
Sometime in October 1972, Maloney was recruited to become a part of the kidnapping-ransom ring with McBratney, along with fellow Irish-American Warren Schurman and John Kilcullen, Italian-American Gambino crime family mob associate Robert Senter, a paternal uncle of Irish-Italian mob associate Anthony Senter and Colombo crime family mob associate Thomas Genovese, a distant paternal relative of Genovese crime family patriarch and founder Vito Genovese. It is unknown if McBratney had been told of the kidnapping operation by Gambino crime family street soldiers, Flippo and Ronald Miano who at the time were "made men" in the Gambino family. The Miano brothers told McBratney and the others that they only wanted 10% of the ransom payment and had thought up the kidnapping plan for what they called "revenge." It is unknown what the exact nature of the falling out Flippo and Ronald Miano had with the Gambino crime family.
They snatched Lucchese crime family capo Francesco Manzo in front of Jimmy Burke and Henry Hill as he was dining at Hill's restaurant The Suite in Forest Hills, New York. The kidnapping was orchestrated and conducted perfectly and McBratney and his crew members received $150,000 from Carmine Tramunti for Manzo's safe return. Following the kidnapping of Frank Manzo, McBratney and the crew conducted two more successful kidnappings of members of organized crime.
On December 28, 1972 McBratney made arrangements to kidnap a Gambino crime family loanshark who Jerry Capeci and fellow investigative journalists only identify as "Junior." The loanshark is alleged to be Vincent D'Amore who was a capo in the Gambino crime family and went by that nickname. Maloney approached "Junior" on the street, shoved a handgun into his stomach, and forced him into nearby waiting vehicle with McBratney, Genovese and Shurman. Junior fought his attempted kidnappers and Maloney pistolwhipped him before forcing him into the car's backseat so the gang could make a quick retreat. Unfortunately for McBratney and the others, two young boys witnessed the daring kidnapping. They recorded the license plate and turned it over to a relative with connections to organized crime. Shortly after leaving the scene, McBratney realized that in all the commotion and pandemonium Warren Schurman had forgotten to put tape over "Junior"'s eyes. Enraged at Schurman's incompetence and lack of preparation he slammed on the brakes to yell at them. When the car came to an abrupt stop "Junior" saw his chance and ran for his life as McBratney opened fire on him. Meanwhile, Schurman jumped out of the car and doubled back to Warren Maloney who was driving a vehicle behind them, with Genovese. Edward Maloney later stated that he was sure McBratney was going to murder Schurman for his mistake.
Edward Maloney suggested that McBratney leave New York City. He did not flee the city, but did outfit himself with an automatic machine gun which he now kept in his car at all times for security. McBratney later was indicted for parole violation and was set to be sent back to prison. Shortly after the indictment came down Warren Schurman and McBratney were out drinking when two guys he later called "stone killers" (later identified as Angelo Ruggiero and John Gotti) came in looking for them. The manager of the bar, who was a friend of Maloney's, informed them that he had not seen McBratney and Maloney for quite some time.
McBratney was at Snoope's Bar and Grill on Staten Island on May 22, 1973. He had left his machine gun in his Cadillac. He ordered a sixty-five cent creme de menthe on the rocks as John, Angelo, and Ralph came in and strode to the rear of the bar where he sat. Angelo was on his left, Galione on his right, and John Gotti behind; Galione had a gun, Angelo a pair of handcuffs. The three of them began pulling McBratney up and away from the bar. Ralph Galione told him, "You're under arrest. You've been this route before; don't give us any trouble." After a patron attempted to intervene Galione fired two shots into the ceiling of the restaurant. Galione ordered the other patrons to stand against a wall, but a waitress had slipped away and called the police from a payphone. McBratney struggled with Angelo, John, and Ralph and managed to drag all of them several feet toward the end of the bar, but could not get free. Galione walked toward McBratney, who was standing between John and Angelo, and fired three times at close range, killing him.
The murder is referenced in the 1996 HBO made-for-TV film Gotti, in a murder which helped to establish Gotti as a force in the Gambino crime family.[2]
Opening statements were held on September 21, 1985. She told the jury, "Good morning. Jimmy McBratney was a big man." She had chosen to begin her effort to put John Gotti away for the rest of his life by recreating a scene in Snoope's Bar and Grill on Staten Island, thirteen years ago: "This was no simple barroom brawl. It was part of a pattern of criminal activity... John Gotti killed Jimmy McBratney out of ambition - ambition to have himself in an organization known as the Gambino Crime Family."
When Diane Giacalone failed with her witness Edward Maloney and put on other witnesses about the McBratney case, John Gotti's lawyer agitated her even more. Diane's contempt for the criminal defense attorney soon became heartfelt and she would soon make her first demand that Bruce Cutler be cited for contempt of court. A man in Snoope's Bar and Grill the night McBratney was shot dead was on the witness stand. During his cross-examination, Cutler sought to plant the fact that the first state trial in the McBratney killing when John Gotti, who was a fugitive, was not a defendant had ended with a hung jury. Each time Bruce Cutler tried to plant, Diane Giacalone objected and Judge Eugene Nickerson sustained and told Cutler to stop, but Cutler ended up just shouting out what he wanted the jury to hear. As Giacalone rose to object once again, Cutler said: "Ms. Giacalone is getting up. I don't know if she's doing this for the exercise of getting up." Later on, Cutler snaked in an appeal to the jurors' sense of fairness by suggesting there is a double-jeopardy issue with the RICO statute, an idea held baseless by the appeals courts on the theory that when a punished crime shows up as a predicate act in a RICO case, it's merely evidence of a new crime, the crime of racketeering to benefit an illegal enterprise.