Crime & Safety

Driver Who Killed Boy Scout Drinking Since 9 AM, Refused Ride: DA

"Nothing will bring Andrew back, but we will obtain justice. . .on behalf of the families and Troop 161." He'd been drinking since 9 a.m.:DA

MANORVILLE, NY — Tragic details emerged Tuesday as an alleged drunk driver who plowed into a Boy Scout Troop out on a hike, killing a 12-year old, was arraigned on a 16-count indictment — including reports that the man had been drinking since 9 a.m. and had been offered a ride due to his level of intoxication, which he refused, according to Suffolk County District Attorney Tim Sini.

Sini announced the indictment of Thomas Murphy, 59, of Holbrook, in connection with the deadly crash on Sept. 30 in Manorville that caused the death of Andrew McMorris, 12, of Wading River.

“Nothing will bring Andrew back, but we will obtain justice in this case on behalf of the families and Troop 161,” Sini said. “My office is committed to handling this case most professionally and most efficiently to ensure that this defendant is held accountable for his actions. Our thoughts and prayers are with the victims, their loved ones and the entire Boy Scout community in the wake of this tragedy.”

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Murphy was indicted on 16 criminal charges in connection with the fatal crash, including three counts of aggravated vehicular homicide, a felony; second degree manslaughter, a felony; first degree vehicular manslaughter, a felony; second degree assault, a violent felony; second degree vehicular manslaughter, a felony; first degree vehicular assault, a felony; two counts of second degree vehicular assault, a felony; aggravated driving while intoxicated, a misdemeanor; driving while intoxicated, a misdemeanor; two counts of third degree assault, a misdemeanor; reckless driving, a misdemeanor; and second degree reckless endangerment, a misdemeanor, Sini said.

Murphy was arraigned on the indictment in front of Suffolk County Acting Supreme Court Justice Fernando Camacho in Central Islip and pleaded not guilty to the charges, Sini said.

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According to cbslocal.com, the courtroom was filled with a sea Boy Scouts in uniform, as well as Andrew's heartbroken parents, his mother holding her son's photograph close.

Murphy posted bond in the amount of $500,000 following his arraignment on Oct. 1, which was transferred to the indictment; in addition, Murphy’s license was suspended for driving while intoxicated with a blood alcohol content level of .08 or above and for gross negligence in the operation of a motor vehicle, Sini said.

On Sept. 30, shortly before 2 p.m., Murphy was leaving Swan Lake Golf Club to drive home after allegedly drinking alcohol since approximately 9 a.m., Sini said.

An investigation revealed that Murphy was approached by an individual in the parking lot who offered to drive him home due to his intoxicated state, but Murphy refused, Sini said.

Murphy was driving south on David Terry Road when his vehicle veered toward a group of 12 Boys Scouts and six Scout leaders from Troop 161 who were walking north on the shoulder of the roadway, Sini said.

Murphy allegedly struck the group with his vehicle, causing serious physical injury to Thomas Lane, 15, of Shoreham, and causing injury to Denis Lane, 16, of Shoreham, and Kaden Lynch, 15, of Calverton, Sini said.

McMorris, who was transported to Peconic Bay Medical Center and then transferred to Stony Brook University Hospital in critical condition following the crash, died on Oct. 1, Sini said.

Murphy was arrested immediately following the crash by Suffolk County Police Seventh Precinct officers, who observed that Murphy had a strong odor of alcohol on his breath, slurred speech, watery, bloodshot and glassy eyes, and was unsteady on his feet, Sini said.

Murphy refused a roadside breath test and was transported to the Seventh Precinct, where he refused to submit to a chemical test of his blood, Sini said.

The District Attorney’s Office secured a warrant for a chemical test of Murphy’s blood that revealed a blood alcohol content level of 0.13 percent, which was extrapolated to an estimated 0.19 percent at the time of the crash, Sini said.

If convicted of the top count, Murphy faces a maximum sentence of eight and one-third to 25 years in prison; he is due back in court on Nov. 27, Sini said.

The case is being prosecuted by Assistant District Attorney Jacob Delauter, of the Vehicular Crime Bureau.

According to Newsday, Murphy's attorney Stephen McCarthy Jr. of Manhattan issued a statement for his client after a court appearance, in which Murphy said, "taking responsibility for his 'role'" in the Sept. 30 crash, but not specifying what the role was or admitting to anything other than driving the car; the statement, McCarthy didn't mean his client would plead guilty to any charges.

The community has been cloaked in mourning since learning that Andrew, critically injured in the crash, had died.

Shoreham-Wading River School Superintendent Gerard Poole posted a message on the district's website; Andrew was a student in the district.

"The district was deeply saddened to learn of the horrific accident that occurred this weekend involving several Shoreham-Wading River students, which resulted in the tragic passing of one of our middle school students," a message on the district's website said.

According to Troop 161's website, the Scouts were scheduled to have a two-session hike on the Greenbelt Trail in Manorville and were hiking with their adult leader, as well as other Scouts, at the time of the crash, Scouting officials said.

The Boy Scouts of America's Suffolk County Council released a message about the tragedy on social media: "As part of the Suffolk County Council, our Scouting family is going through a terribly painful time," the message said. "We are sad to confirm the death of one of our young members following a vehicle-related incident while hiking. We offer our deepest condolences to the victim's family, and we will support them in any way that we can. Our thoughts remain with the Scouts still recovering from this incident. Please join us in keeping all those affected in your thoughts and prayers," said Ryan DiBernardo, Scout executive/CEO, Suffolk County Council, Boy Scouts of America.

After their son's tragic death, his family released a statement reflecting their deep heartbreak:

"Andrew McMorris was no ordinary boy. Andrew was born with a sense of wonder and amazement of the world around him, and he never lost the ability to be awed by and delighted with all it had to offer. Andrew was an artful child, and he channeled his abundant creativity through painting, acting, singing, and playing his piano, guitar, mandolin and ukulele. Always up for a costume, Andrew was Tin Man in his fifth grade production of The Wizard of Oz and, of course, Michael Jackson."

Andrew has also been remembered for his love of aviation.

In lieu of flowers the family has suggested donations to honor the loving memory of Andrew to: Mothers Against Drunk Driving, 33 Walt Whitman Road, Suite 210W Huntington Station, NY 11746; Wildcats Helping the Arts & Music Payable to: WHAM PO Box 458 Shoreham, NY 11786; or the GoFundMe, "Troop 161 Memorial & Support Fund."

Andrew's troop has asked that mourners wear red or place red ribbons in memory of his life, with vigils held to remember his beautiful spirit.

Patch photo courtesy SCPD.


Patch photo of Andrew courtesy MidIsland AirService.


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