Trial Gets Underway For Man Accused Of Driving Drunk, Killing Boy Scout

Sophia Hall
November 12, 2019 - 3:22 pm
Thomas Murphy

James Carbone/Newsday Pool Photos

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RIVERHEAD, N.Y. (WCBS 880) — Opening statements got underway Tuesday in the trial of a Long Island man accused of driving drunk and killing a 12-year-old Boy Scout.

Prosecutors called it a “horror show” when 12-year-old Andrew McMorris was killed while hiking with his troop in Manorville.

According to WCBS 880’s Sophia Hall, they allege 60-year-old Thomas Murphy had a blood alcohol level of more than 0.18 when he slammed his Mercedes-Benz into McMorris and four other Boy Scouts on Sept. 30, 2018.

Despite the fact that Murphy apologized for his “role” in the child’s death, his attorney says he was not drunk at the time of the crash.

“I'm saying, 100%, my client was not intoxicated. No witness is going to be able to come into this courtroom and testify that a 350- pound man, based upon the amount of alcohol they're going to allege, say that that would make my client intoxicated,” his attorney said.

Murphy’s counsel also alleges the troop was walking on the roadway rather than on the side of the street and were not paying attention to cars because they had just walked 11 miles.

RELATED: Boy Scout Fatally Struck By Alleged Drunk Driver Honored At Memorial Hike

“You can tell by the fact that they're not in the line as they originally indicated that they were moving,” the attorney said.

Murphy has pleaded not guilty to charges of vehicular homicide, manslaughter, vehicular manslaughter, assault, vehicular assault, driving while intoxicated, reckless driving and reckless endangerment.