Trial Delayed For Man Accused Of DWI In Crash That Killed Scout

MANORVILLE, NY — The waiting continues for those seeking justice for Boy Scout Andrew McMorris, 12, who, police said, was killed almost one year ago by an alleged drunk driver who plowed into a troop out on a hike in Manorville.

On Wednesday, a trial for Thomas Murphy, 59, of Holbrook was delayed when Holbrook fired his attorney in court and hired two new lawyers. New attorney Steven Politi said he believes the boys were not properly supervised on the road; he also wants to move the trial out of Suffolk County.

Murphy's next court date is scheduled for Sept. 24, according to online records.

Politi, of Central Islip, said he was retained at the end of July and a trial date was set for Oct. 8 at that time; the reason for the activity in court Wednesday, he said, was that Murphy's former attorney, Stephen McCarthy Jr. of Manhattan, was formally relieved and there were several applications he wanted to put forth. "There was work that needed to be done that had not been done," he said.

Politi accused McCarthy of failing to proceed with a number of steps, including not engaging an expert regarding blood; failure to properly proceed with accident reconstruction; failure to review accident scene photos or file a discovery plan; and failure to secure video footage.

"He didn't do a d----- thing," Politi said. "And the worst thing he did, despite all the work he didn't do, was issue statements that did weren't Thomas' feelings — that weren't the words of my client."

Murphy, he said, "never, in a million years, wanted to take a plea deal. It was a car accident, and while there was very sad fallout, there was no criminal responsibility here," Politi said.

His client, he said, "does feel horribly for the family of the boy who was killed, and obviously, for the boy himself and the other boys. He is a family man, a father and a husband."

Politi also blamed the Suffolk County District Attorney Tim Sini's office for putting out "misinformation," one reason why he wants to move the trial out of Suffolk County. "The media coverage, which is in large part false, has made the potential jury pool believe certain things that are not true," he said. "Nobody knows," he stated, that Murphy, "passed the field sobriety test."

In October, Murphy 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 Sini.

Sini announced the indictment of Murphy , in connection with the deadly crash on Sept. 30 in Manorville that caused the death of Andrew McMorris, who lived in 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."

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.

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, Sini said.

The DA's office, Politi said, "is unworthy of any trust. The DA's office has proven that they want to win. They're not concerned with justice," he said, adding that he believes Sini's office did not produce an accident reconstruction report because it would be favorable to Murphy.

Politi went on to say that the boys were "struck in the roadway" and were not "properly supervised"; he added that they were tired after a long hike and alleged that the original route of the hike had been altered, which left the boys on an unsafe road for pedestrians, he believes.

"It's a horrible situation, but it was an accident," Politi said. "I just want my client to get a fair trial."

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

According to Newsday, Murphy's former attorney McCarthy 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 mourned for almost a year since learning that Andrew, critically injured in the crash, had died — and has come together to keep his memory alive.

Together, those who loved him will gather on Sept. 30 to "Finish the Hike" and celebrate Andrew's life.