Thomas Murphy, the Holbrook, New York, man convicted in the drunk-driving death of 12-year-old Boy Scout Andrew McMorris, is serving 8⅓ to 25 years at Green Haven Correctional Facility after a jury found him guilty of aggravated vehicular homicide. He was sentenced to the maximum on September 30, 2020, has lost every state appeal, and will not be eligible for parole until January 2029. The Thomas Murphy Boy Scout case remains one of Long Island’s most closely followed drunk-driving prosecutions.
What Happened on David Terry Road
On the morning of September 30, 2018, Murphy arrived at Swan Lake Golf Club in Manorville around 9 a.m. and spent several hours drinking vodka with friends.1Riverhead News-Review. Text Messages, Friends’ Testimony Tell a Story of Day of Scout Crash Prosecutors said he played only about six holes; cellphone video from that morning showed him slurring his words and dancing.2Patch. Justice for Andrew: Appeal Denied for DWI Driver Who Killed LI Scout A friend at the club offered to drive him home. Murphy refused, locked his car doors, and rolled up the windows.3NBC New York. Jury Finds DWI Driver Who Killed NY Boy Scout Guilty
Shortly before 2 p.m., Murphy drove his white Mercedes SUV away from the golf course. About a mile down David Terry Road, the vehicle crossed the fog line, left the roadway, and struck a group of Boy Scouts from Troop 161 walking along the shoulder on a hike.4ABC7 News. One Dead, Man Charged With DWI After Car Plows Into Boy Scouts Five scouts were hit. Andrew McMorris, 12, died the next morning at Stony Brook University Hospital.5Andrew McMorris Foundation. Justice for Andrew: Appeal Denied for DWI Driver Who Killed LI Scout Thomas Lake, 15, was airlifted with serious injuries. Denis Lane, 16, Matthew Yakaboski, 15, and Kaden Lynch, 15, were treated at Peconic Bay Medical Center for injuries that were not life-threatening.6ABC News. Driver Charged With DUI After Plowing Into Group of Boy Scouts
Murphy was arrested at the scene and told police he had consumed three drinks.7CBS News New York. Boy Scout Andrew McMorris Crash A blood test taken nearly four hours later showed a blood alcohol content of 0.13. A toxicologist estimated his BAC at the moment of impact was roughly 0.19, more than twice New York’s 0.08 legal limit.1Riverhead News-Review. Text Messages, Friends’ Testimony Tell a Story of Day of Scout Crash
The Charges and the Verdict
A Suffolk County grand jury indicted Murphy on 16 counts on October 10, 2018. The top charge was aggravated vehicular homicide, a class B felony carrying up to 8⅓ to 25 years.8Riverhead Local. Driver in Manorville Crash That Killed Boy Scout Indicted Murphy rejected plea offers at least three times before trial.9NBC New York. Boy Scout Killed New York Thomas Murphy
The six-week trial took place in Suffolk County Supreme Court before Acting Justice Fernando Camacho, with Chief of the Vehicular Crime Bureau Brendan Ahern prosecuting under then–District Attorney Timothy Sini.10Newsday. Boy Scout Special Prosecutor The defense pointed to Murphy’s clean record and community involvement, submitting roughly 100 letters of support and noting his heart and lung conditions and diabetes.2Patch. Justice for Andrew: Appeal Denied for DWI Driver Who Killed LI Scout
Justice Camacho dismissed four counts during the trial. On December 18, 2019, the jury convicted Murphy on all nine remaining counts, including aggravated vehicular homicide, second-degree manslaughter, second-degree assault, and second-degree vehicular assault.11Andrew McMorris Foundation. New York’s Court of Appeals Refuses to Hear Thomas Murphy’s Appeal
The Sentence
Before sentencing, defense attorney Steven Politi moved for a new trial, alleging jurors had discussed the case and viewed media reports before deliberations. He hired a private investigator to collect juror affidavits, but at a September 16, 2020, hearing one juror testified that her affidavit contained inaccuracies and that she had felt pressured during her interview.12Riverhead News-Review. Defense Attorney Held in Contempt as Hearing on Jury Misconduct Begins
Justice Camacho denied the new-trial motion on September 30, 2020, finding the defense had improperly solicited misconduct claims from jurors.13ABC7 NY. Andrew McMorris Thomas Murphy Trial Boy Scout Killed The same day, he sentenced Murphy to the maximum available: 8⅓ to 25 years in state prison.14Riverhead News-Review. Thomas Murphy Gets Maximum Sentence in Boy Scout Death
Where the Appeals Stand
Appellate attorney Richard Mischel took the case to the New York Supreme Court Appellate Division in Brooklyn, arguing judicial bias, insufficient evidence of reckless driving, improper admission of blood alcohol expert testimony, and that the blood warrant should have been suppressed.15Andrew McMorris Foundation. Thomas Murphy’s Conviction Upheld in Death of Boy Scout Andrew McMorris
On July 26, 2023, a four-judge panel unanimously upheld the conviction, finding no judicial bias, holding the sentence was not excessive, and rejecting every claim as “without merit.”15Andrew McMorris Foundation. Thomas Murphy’s Conviction Upheld in Death of Boy Scout Andrew McMorris Murphy sought leave to appeal to the New York Court of Appeals, the state’s highest court. On October 6, 2023, Judge Michael J. Garcia denied the application without explanation.11Andrew McMorris Foundation. New York’s Court of Appeals Refuses to Hear Thomas Murphy’s Appeal
Politi has said Murphy intends to pursue further appeals in federal court.11Andrew McMorris Foundation. New York’s Court of Appeals Refuses to Hear Thomas Murphy’s Appeal
Where Murphy Is Now
Murphy is incarcerated at Green Haven Correctional Facility in Stormville, New York. His first parole eligibility date is January 2029, and the 25-year cap sets the outer limit of his sentence.11Andrew McMorris Foundation. New York’s Court of Appeals Refuses to Hear Thomas Murphy’s Appeal
Andrew’s Law and the Family’s Advocacy
Andrew’s parents, Alisa and John McMorris, founded the Andrew McMorris Foundation to fight impaired driving. In Albany, the foundation backs “Andrew’s Law,” sponsored by Senator Anthony Palumbo and Assemblymember Jodi Giglio. The bill would reclassify vehicular crimes causing serious injury or death as violent crimes, authorize consecutive sentencing when multiple victims are involved, and speed up the process for obtaining blood warrants from suspected impaired drivers.16Andrew McMorris Foundation. Legislation The foundation also supports lowering New York’s legal blood alcohol limit from 0.08 to 0.05.17Andrew McMorris Foundation. Lawmakers Hear Testimony on Impaired Driving
At the federal level, the foundation worked with Mothers Against Drunk Driving on provisions in the 2021 Infrastructure bill directing the National Highway Traffic Safety Administration to develop safety standards requiring impaired-driving detection technology in new vehicles built after a set date.16Andrew McMorris Foundation. Legislation