Family Of Scout Killed In Alleged DWI Crash Waiting For Justice

WADING RIVER, NY — Saturday would have marked Andrew McMorris' 13th birthday. His first birthday as a teenager. But instead of blowing out candles and making memories, his devastated family was left with an empty chair — and hearts that will remain forever broken.

Andrew died after he and fellow Boy Scouts were struck by an alleged drunk driver while out on a hike in late September.

And on Tuesday, just three days after their boy's birthday, his parents and scores of Scouts and supporters turned out at a court date scheduled for Thomas Murphy, 59, of Holbrook, who was charged in the fatal crash and arraigned in October 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.

Andrew's family is frustrated about the fact Murphy has not yet taken responsibility or pleaded guilty, his mom Alisa McMorris said.

The judge also spoke out in court: According to a Newsday report, State Supreme Court Justice Fernando Camacho told Murphy that he was "out of patience. … I will not have it."

Camacho, the report said, can either plead guilty at his next court date in May or expect a trial in June.

"Today was filled with a tremendous amount of emotion," said Alisa McMorris, Andrew's mother. "We believed Mr. Murphy when he said he would take responsibility. It is the honorable thing to do. We expect on May 2 to have justice for Andrew and Troop 161. Our hearts are broken; our lives have been shattered. We will stand up for our boy and demand justice."

According to Newsday, Murphy's lawyer Stephen McCarthy Jr. read a statement: "Each time we come to court, there is a tremendous outpouring of support and solidarity from the community for the McMorris family," the statement said. "My family and I hope and pray that this helps those affected by this tragedy to heal, especially the McMorris family. I ask, respectfully, that those who come to court allow myself and my family the time to fully evaluate my case, and my role in this tragic accident."

Speaking about the agony of life without her boy, McMorris told Patch: "The days are long and nights are longer. Our boat has been shipwrecked and we are just trying to manage the waves."

Over the weekend, Andrew's family celebrated what would have been their beloved boy's 13th birthday with a Lantern Launch. "It was windy but beautiful . . . Andrew let Mom and Dad get off the 1st balloon. Ironically, it was red," she said; red is the color worn to remember their son.

His family also honored Andrew's deep love of aviation with an Honor Flight at Mid-Island Air Service.

"The flight was amazing, scary and wonderful. We felt so close to Andrew, in the clouds with God," McMorris said.

His family flew in the same plan that Andrew flew in. The couple's daughter Arianna flew a pattern around Islip Macarthur Airport and they flew out to Brookhaven Airport and back, each taking a turn in take off and landing, she said. "I flew out and John flew back. We flew the same route that Andrew and the Aerocampers do, out over the beach," McMorris said.

She added: "The morning was filled with quiet emotion as we visited his grave and listened to his favorite music. You cannot help but feel your heart break — as if claws are ripping through your heart. When we arrived at the airport, the heaviness lifted and as we went through pre flight and sat in the cockpit I felt a sense of calm. And after the nerves of take-off left me and the plan settled in at 2,000 feet, I could feel the presence of my boy and knew for sure he was there keeping a eye on us. You could just about hear him giggle saying, 'Oh, come on, Mom. This is soooo easy.'"

Andrew's father John McMorris said he was scared to death but pushed forward and did it for his son.

"We have a brand new appreciation for pilots and a ton of respect for what Andrew was able to do at 12," John McMorris said. " It was a windy day so the cross wind made the ride quite bumpy and you had to navigate the pull of the wind. It was amazing."

On his birthday, Andrew's family celebrated together, just as they would have, if only things were different, starting with the Lantern Launch before dinner.

And still, the questions haunt, McMorris said. On what would have been a day of joy, until their world changed forever, Andrew's family came back to the house to celebrate his birthday with family, friends and cake. With candles — "the first year without one to grow on," McMorris said.

(Courtesy McMorris family)

Arianna, Andrew's sister took the same picture that Andrew took in the simulator, McMorris said. Mid Island Air is planning to dedicate the simulator to Andrew, she added.

Also, one of the boys injured on the hike is planning to do his Eagle Scout project at the airport in honor of Andrew, McMorris said. "Many of the Scouts from the Troop 161 and beyond feel a pull to honor Andrew's memory with a project."

On Sunday, at the McMorris' church, they were presented by Suffolk County Police Department ‘s aviation section, "an honorary police helicopter pilot’s license for Andrew in remembrance of what would have been his 13th birthday yesterday," his father said. "The officer who presented us with the plaque was the same pilot who flew Andrew in that helicopter on the day of the crash. Thank you very much Pastor Michael Staneck and the Suffolk County Police Department. This touched our hearts so deeply and we know Andrew is bouncing around in heaven receiving this honor."

(McMorris family.)

To keep his precious memory alive forever, Andrew's parents have created "The Andrew McMorris Project," helping to raise awareness about drunk driving and focusing on Andrew's other passions, including Scouts, arts, theater, music and aviation — and, most importantly, "his compassion and kindness for others," his mother said.

The Andrew McMorris Foundation was unveiled on March 30, Andrew's birthday, the same day his family took the moving Honor Flight to celebrate his life at Mid Island Air.

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."