Mom Of Scout Killed In Alleged DWI Crash On 'Gut-Wrenching' Pain

WADING RIVER, NY — On Tuesday, Alisa and John McMorris and a sea of family and friends who turned out in support stood strong at a court date for Thomas Murphy, 59, of Holbrook, the man charged in the fatal DWI crash that killed their son Andrew, 12, and arraigned in October on a 16-count indictment — including reports that he 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.

At the court date, according to Newsday, State Supreme Court Justice Fernando Camacho denied requests to suppress statements Murphy made to police, including that he'd had three drinks before the September 30 crash. The Newsday report also said the judge refused to hold back a report of Murphy's "repeated refusal" to submit to a blood test at the time of the crash.

Murphy's trial date has been set for September 18.

Also according to the Newsday post, Murphy's attorney Stephen McCarthy Jr. said his client "maintains his innocence."

After the court appearance, Andrew's mother Alisa described the experience. "It was very emotional — hearing details emerge and replaying the events are gut wrenching — knowing still that this is only the beginning of a long process is heartbreaking. We are so grateful for the support we receive from our family, friends and community. We stand unified for justice for Andrew and Troop 161. Yesterday marked 254 days without my sweet boy. I went into his room before court and broke down in tears as I noticed his room losing his smell. Parents know what I'm saying — we spend days washing and cleaning our children's things and in the end that is all I have left."

But despite the agony, his family is striving to ensure their son's legacy lives on and serves to create change so no other parents have to experience the heavy mantel of grief they bear.

Last month, the McMorris family, Mothers Against Drunk Driving representatives, elected officials, and those who have faced unthinkable loss gathered in New York City to advocate for change — and announce support for lowering New York State's threshold for alcohol impairment to .05 percent blood alcohol concentration.

The current threshold is .08%.

In addition, the McMorris family has kept the precious memory their son — who loved aviation, theater, Scouting and music — alive through the "Andrew McMorris Foundation," raising awareness about drunk driving.

They also continue to celebrate his love of flying: On Memorial Day weekend, pilots in the 2019 Jones Beach Air Show honored Andrew.

The McMorris family, as well as scores of friends and Scouts, have attended previous court dates, carrying Andrew's photo and speaking from their hearts about their rally for justice.

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.

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.

Andrew, 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/

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.