New Sentencing Delay For Man Who Killed Boy Scout In DWI Crash

WADING RIVER, NY — The sentencing for a man found guilty of driving drunk and plowing into a Boy Scout troop who were out on a hike in 2018, killing Andrew McMorris, 12, has been postponed amid allegations of jury misconduct and "new evidence."

The new sentencing is slated to take place Sept. 16 through 18.

Thomas Murphy, 61, was convicted by a jury on December 18 of driving drunk and killing Andrew in a crash on Sept. 30, 2018, Sini said; the jury found him guilty on all counts.

The news was devastating to Andrew's anguished family: "We are heartbroken that the defense is again trying to delay the inevitable," Alisa McMorris, Andrew's mother, said. "We are heartbroken that the defense is again trying to delay the inevitable. Actions have consequences and Mr. Murphy needs to do the honorable thing finally accept responsibility for what he has done."

At the sentencing in Central Islip, Steven Politi, attorney for Thomas Murphy, 61, alleged that four jurors, two alternates and two deliberators, signed sworn statements about jurors walking through the regular entrance of the courthouse and overhearing families talking about the case.

In addition, Politi told the media, jurors reportedly discussed the case during deliberations and read newspaper accounts,"affecting my client's right to a fair trial."

Politi also said new evidence had emerged in the form of a witness who'd given a signed statement saying they'd witnessed the "boys in the street just before the accident . . .they were surprised by the 'haphazard manner'" in which the boys were walking down the road. During the trial, said he believed the boys were not properly supervised on the road.

Describing what he said happened to Andrew during the trial, Assistant District Attorney Ray Varuolo said Murphy hadn't even driven a mile when he "drifted over the white fog line" and careened into the group of 12 Scouts and six leaders, who were walking single file on the side of David Terry Road in Manorville.

Also during the trial, two friends of Murphy, Christopher DiMaria of Holbrook, and Raymond O'Brien of Maspeth, said that he didn't appear "visibly intoxicated," according to a Newsday report. But they also testified that the Scouts were "clearly visible to motorists," walking in a line on the shoulder of the roadway in brightly colored clothing, the post said. DiMaria he changed lanes, moving over to the left lane "as a courtesy," and O'Brian, who was in the car behind Murphy's said in court that he saw the Mercedes veer to the right before the crash and wondered out loud "what the [expletive] is he doing?" the Newsday post said.

Murphy stands convicted of two counts of aggravated vehicular homicide, a felony; second degree manslaughter, a felony; second degree assault, a felony; second degree vehicular manslaughter, a felony; two counts of second degree vehicular assault, a felony; driving while intoxicated, a misdemeanor; two counts of third degree assault, a misdemeanor; reckless driving, a misdemeanor; and second degree reckless endangerment, a misdemeanor, District Attorney Tim Sini said.

He faces a maximum sentence of eight and one-third to 25 years in prison.

It was "justice for Andrew" in December when the jury found Murphy guilty, many said. Friends turned to social media in gratitude.

Alisa added: "We would like to thank our friends, family and community for the compassion they have shown our family during the second worst nightmare of our lives. Their support gives us strength as we continue on the path to justice for Andrew and Troop 161." And, she added, "We will stand and fight for Andrew while he cannot."

On Sept. 30, shortly before 2 p.m., Murphy was leaving Swan Lake Golf Club to drive home after allegedly drinking alcohol since about 9 a.m., Sini said. Murphy's vehicle struck the group, killing Andrew, seriously injuring Thomas Lane, 15, of Shoreham, and injuring Denis Lane, 16, of Shoreham and Kaden Lynch, 15, of Calverton.

On the first day of the proceedings, after a jury filed in late to Camacho's completely full courtroom at the Arthur M. Cromarty Court Complex in Riverhead, opening arguments began with Varuolo describing in detail the crash and the boys' injuries as friends and loved ones of the McMorris family, wearing red in solidarity, sobbed quietly.

"It was Mr. Murphy's choice to drink vodka to excess on a Sunday morning," Varuolo said. He described the "devastating scene," and injuries to other Scouts in the troop, who were heard "screaming in pain" during a 911 call, including Lane, whose legs were crushed and who had extensive injuries and needed a hospital bed in the kitchen during his recovery, he said.

Andrew, he said, ricocheted off the side mirror; his small, 100-pound body was "vaulted into the air," landing facedown in the grass and dirt. "His neck and spine were severed. He was decapitated internally," he said. Describing the scene, Varuolo described screams. "Children saw their friends being tossed around like rag dolls. John McMorris saw his 12-year-old son Andrew dying."

He added, "A little boy doesn't stand a chance against a drunk driver in an SUV."

Andrew's father knelt by his son as medical personnel tried desperately to save him; many at the scene called 911 after the crash but Murphy, Varuolo said, did not; instead, he texted his wife, he said.

When he got out of his white Mercedes SUV, Murphy reportedly said, "Oh, s---, I'm in trouble," Varuolo said. At the scene Murphy reportedly said, repeatedly, "Are the boys OK?" Varuolo said.
Andrew died 14 hours later, at 4:07 a.m. on Oct. 1.

Murphy, or "Murph" to his friends, Varuolo said, had played just six rounds of golf before he became more interested in drinking. He did not eat that day, and videos taken with his own phone show him slurring his words and professing his love for his softball buddies, men he'd grown up with, as well as dancing that morning at the Swan Lake Golf Club, Varuolo said. One friend, who'd lost his own license, was so worried that he asked Murphy if he could drive him home; although he knocked on the window, Murphy refused, closing the window and locking the doors, sealing the car and the fate of the Scouts, Varuolo said.

"Make no mistake — this was a crash, not an accident," Varuolo said at the time. He added, "One thing this is not, is a 'whodunnit.'"

Murphy posted bond in the amount of $500,000 following his arraignment, 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.