Riverhead Patch: 'Justice For Andrew': Appeal Denied For DWI Driver Who Killed LI Scout

By Lisa Finn | Link to Original Article

July 27, 2023

MANORVILLE, NY — It was an emotional day Wednesday for a family shattered by grief as they saw victory in their fight for justice in their son's name: An appeal was denied Wednesday for the driver who was convicted by a jury of driving drunk and killing Boy Scout Andrew McMorris, 12, in a 2018 crash.

Thomas Murphy, of Holbrook, was found guilty on all counts in 2019 and received the maximum sentence of eight and one-third to 25 years in prison in 2020. He sought to have that verdict overturned in his appeal.

"It is with great relief that we announce that the New York State Supreme Court District 2 Appellate Division in Brooklyn, upheld the conviction of the defendant in Andrew’s death," the McMorris family said in a statement. "The four-judge panel were unanimous in their decision on Wednesday, July 26 and ruled that each of the claims is 'without merit.' Appeal has been denied. There will be no new trial or any reduction in the defendant’s sentence."

Suffolk County District Attorney Raymond A. Tierney also issued a statement: "I am gratified that the appellate court has upheld the conviction of Thomas Murphy for the senseless and tragic death of Andrew McMorris. I hope this decision will provide a small measure of closure for the McMorris family. Thank you to the assistant district attorneys who fought for this victory at trial and on appeal. This should not be the end of the story. This tragedy should serve as a reminder to everyone that we need to be vigilant to prevent drunken driving and the resulting devastation it causes."

Speaking with Patch, Alisa McMorris, Andrew's mother, added: "On behalf of John, Alisa and Arianna McMorris along with the Lane and Lynch families, including Thomas and Denis Lane and Kayden Lynch and all the Scout families affected by this horrific and preventable crash — we are relieved to have the appellate decision today.

"Andrew was taken too soon from this life and it is sometimes hard to find the right words. And when we find ourselves stuck, we are reminded of the words spoken at Andrew’s funeral. 'This is not how it should be, this is not how it could be, but this is how it is.' Our heart still aches every day because Andrew should still be here."

She added: "Today’s decision put an end to an enormous weight that we have been living with. We hope now that we may move forward in our grief journey. Let it be a reminder that our choices have consequences. There are no winners. We have all lost. Ours has been a life sentence with the loss of our sweet, beautiful boy. We hope that this decision will strengthen our vehicular laws and propel us forward to making meaningful changes in our sons name and parenting his legacy together."

Mcmorris said that she and her family are grateful to the Suffolk County’s District Attorney’s Office for their support and guidance throughout "the horrific trial and appellate process. We also would like to thank our family, friends and community for all of their love and support. We could not have survived without you."

McMorris said her family will continue to work with MADD, "who supported us at our darkest time, and the Andrew McMorris Foundation to change our antiquated laws and give justice to those affected by these 100 percent preventable crimes."

To that end, McMorris said they will continue to parent Andrew’s legacy at our 5th annual Andrew McMorris Foundation Gala on Friday, September 29 at the Cradle of Aviation Museum in Garden City, marking their beloved boy's love of flying. For information and tickets, click here.

Steven Politi, the Central Islip-based attorney for Murphy, issued a statement to Patch: "We are very disappointed in the decision of the appellate court. We had hoped that the appellate court would be able to remove the emotional angle of this tragic case. However, they proved unable to decide the case on the law, and, like the trial judge, allowed emotion to color their decision. Mr. Murphy remains innocent and our hope is that justice prevails. We will now seek permission to have the Court of Appeals hear the case. We will not stop fighting for Tom and his family."

The battle for the McMorris family, however, continues as they work tirelessly for change.

In addition to the Andrew McMorris Foundation, they support legislation such as the Grieving Families Act, and Andrew's Law, which was introduced by Senator Anthony Palumbo and co-sponsored by Assemblywoman Jodi Giglio.

The bill, S6608 "amends provisions involving the arrest, prosecution, sentencing and penalties for offenses involving vehicular assault, manslaughter and homicide; and removes certain barriers to prosecution for operating a vehicle under the influence of drugs or alcohol."

Exactly two years to the day that Andrew McMorris was killed, Murphy, who was convicted by a jury of driving drunk and killing Andrew in the 2018 crash.

The day was marked by tears and intense grief as members of Andrew's family, who live in Wading River, spoke about the last hours of his life, about feeling his hands grow cold and washing their boy before placing him in a body bag, then planning his funeral and burying their only son and brother.

On Sept. 30, 2018, shortly before 2 p.m., Murphy was leaving Swan Lake Golf Club to drive home after drinking alcohol since about 9 a.m., then-DA Tim Sini said. Murphy's vehicle struck the group of Scouts, killing Andrew, seriously injuring Thomas Lane of Shoreham, and injuring Denis Lane of Shoreham and Kaden Lynch of Calverton, Sini said.

"It was Mr. Murphy's choice to drink vodka to excess on a Sunday morning," Assistant District Attorney Ray Varuolo said on the first day of the proceedings. Andrew ricocheted off the side mirror; his small, 100-pound body was "vaulted into the air," landing facedown in the grass and dirt, Varuolo said.

"His neck and spine were severed," Varuolo said. "He was decapitated internally." 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."

When he got out of his white Mercedes SUV, Murphy reportedly said, "Oh, s---, I'm in trouble," Varuolo said. Murphy reportedly said "Are the boys OK?" repeatedly.

Andrew died 14 hours later at 4:07 a.m. on Oct. 1, 2018.

Murphy, or "Murph" to his friends, had played just six rounds of golf before he became more interested in drinking, Varuolo said. Videos taken with his phone show him slurring his words and professing his love for his softball buddies and men he'd grown up with; he also talked about dancing that morning at the Swan Lake Golf Club, Varuolo said. One friend was so worried 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 fate of the Scouts, Varuolo said.

Alisa McMorris read an impact statement that brought the courtroom to tears.

On the last day of his life, Andrew came into her room with the dog, told her it was a beautiful day, and asked to open the window. "I remember thinking, 'His voice is changing,'" she said. He got into bed for a snuggle, she said, and suddenly, he was her little boy again. "Soon, he asked, 'Is it time to get up, Mom? Is it time?'" she said. "I've replayed that moment 1,000 times. I want to go back and say, 'No.' I want to hold him. I want to stop time at 7:46 a.m."

Later, the family went to church and then headed to the hike, where Alisa took a photo of her son by the Pine Barrens sign. The hike was a big deal, she said, and she wanted to photo for the Eagle Scout album she would one day compile.

"I didn't want to leave," she said. But the day was full; Arianna, Andrew's sister, had a Girl Scout Silver Award ceremony. "I said goodbye to my men. Then I asked Andrew if he was okay, if he needed anything, and he waved. That was the last time I saw him."

Then came the phone call. There had been an accident. Andrew was hurt, she said. "I said, 'Is he breathing?'"

Her husband told her to hurry, she said; Andrew was bleeding and his legs were broken.

She recalled the terror of rushing to pick up her daughter and try to find the site. Andrew was brought to Peconic Bay Medical Center to be stabilized and later to Stony Brook University Hospital.

But she heard the words she said no parent ever should have to hear: "He has no pulse." She screamed. "Come on, Andrew! Come on, baby! Please, Andrew!"

She should have known from the faces of the group of doctors, from the words, "We have exhausted all our options," she said. "My baby boy was brain dead."

They stayed with their boy, played his favorite music, she said. Whispering to her son, she said, "My sweet boy, I'm sorry I can't fix you."

Running into the room, streaked with his blood, Alisa said her boy was so still, he seemed to be sleeping. Later that night, his hands grew cold. "I told my husband, 'He's transitioning. We have to help him.' I told him to go be with God," she said, her voice breaking.

When her boy was gone, she told the doctors that she and John wanted to wash their son and place him carefully into the body bag. "I wanted to be the last person that touched him," she said. And then, as she had so many times, she bathed her little boy, crossed his hands, and leaned down to kiss him one more time.

She said she listened to his heart, to be sure, really certain, that he wasn't breathing before she let him go.

The nights now are filled with the unimaginable, the horror she can't escape, Alisa said, images of the crash, to a place where "no one can protect my boy." Those last moments haunt, she said. She asks the questions endlessly in her heart: "Were you scared? Did you need me? Were you suffering?"

At first, Alisa said, she thought she felt sorry for Murphy, a father, a husband. "I thought, 'Why didn't someone care enough to tell you not to drive?'" Then she heard that he was offered a ride and refused; her heart dropped. "Shame on you," she said.

At the sentencing, Politi said since the day of the crash, Murphy has led an "exemplary life," not drinking, not driving, and showing up early for every scheduled court appearance.

Politi presented Camacho with 100 letters in support of Murphy. He also said Murphy, who has health problems including coronary and lung issues and diabetes, was at a high risk for COVID-19 and asked for a two-week adjournment so he could address the appellate division; that request was not granted.

As Camacho readied to sentence Murphy, Polito read a letter from his daughter, who called him "her greatest hero," a man with a huge heart. Polito said Murphy was not an evil man, as some had said, but instead, a devoted father and husband, a charitable man who organized a fundraiser the night before the crash. He had no prior criminal record, he said. He was a coach and member of his church. "This is a man who cares," he said, stating that many times during the testimony, Murphy asked how the boys were. "To say he doesn't distorts the truth."

Listing his health concerns, Polito told Camacho that anything more than the minimum sentence for Murphy could be a "death sentence." Murphy did not make a statement on the advice of his attorney.

Camacho spoke before he sentenced Murphy. Murphy left a trail of tears, "death, destruction, suffering and pain," Camacho said.

He added that Murphy had led a decent life and was a decent man. "The message that needs to go out is that there have to be consequences, even for decent people that cause so much pain and suffering," he said.

To Murphy, Andrew's father John McMorris, in an emotional statement, said: "Andrew didn't die that day. He was stolen from us. He was ripped from us ... because Mr. Murphy made the despicable and selfish choice to drive drunk. If I had to sum it up in one word: Avoidable."