Preview
FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021
EXHIBIT A
FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019
6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021
LONG ISLAND / CRIME
Thomas Murphy sentenced to the maximum 8 1/3 to 25
years in Boy Scout death
Thomas Murphy on Wednesday was sentenced to 8 1/3 – 25 years behind bars, the maximum, for driving drunk into a group of Boy
Scouts, killing Andrew McMorris and injuring others in a September, 2018 crash in Manorville. John McMorris said: “We have two
broken families here. We have a life sentence we have to learn how to live with, but we’re gonna carry on in honoring our son.” Here is
Newsday's Cecilia Dowd. Credit: James Carbone, Howard Schnapp; Photo Credit: McMorris family
By Robert Brodsky and Michael O'Keeffe
robert.brodsky@newsday.com, michael.okeeffe@newsday.com @BrodskyRobert
Updated September 30, 2020 8:28 PM
A Suffolk County judge Wednesday sentenced a Holbrook man -- convicted of driving drunk into a group of
Boy Scouts and killing a seventh-grader -- to the maximum allowable punishment, saying the man’s action
"caused a trail of unending tears."
Capping a day of raw emotions and heart-wrenching grief from both the victim and defendant's families,
Acting State Supreme Court Justice Fernando Camacho sentenced Thomas Murphy, 61, to 8 ⅓ to 25 years in
https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 1/6
FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019
6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021
prison, two years to the day after the Manorville crash killed 12-year-old Andrew McMorris and injured three
other boys.
The sentence, which was executed immediately, was handed down after Camacho rejected efforts by
Murphy's defense team for a new trial after dismissing allegations of juror misconduct during the 5 1/2-week
2019 trial.
Camacho said while Murphy had caused "tremendous destruction" he was not a "a horrible man. Not a
monster. Not evil. He led a decent, good life. He was a decent man."
But Camacho, who appeared visibly
anguished as family members described the
seventh grader's short but far-reaching life,
said Murphy was solely responsible for the
crash and must take responsibility for his
crimes.
"This needless, selfish, reckless act caused the
death of a beautiful 12-year-old boy," he said.
Andrew McMorris was hit by an SUV while with his Boy Scout "This selfish, reckless act caused so much
troop two years ago today. Credit: McMorris family
suffering and so much pain."
Murphy looked straight ahead
during the proceedings, hands
Sign up for The Classroom newsletter. gripped under his gold tie and
his face nearly fully covered by
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a mask. He never looked in the
Email address Sign up direction of the victim's family
members, even as they
By clicking Sign up, you agree to our privacy policy. addressed him directly, and
appeared emotionless as
Camacho handed down the
sentence.
Andrew’s father, John McMorris, an assistant Scout leader who was with his son on the hike and held his
lifeless body on the side of David Terry Road, said he has suffered from nightmares for two years.
"Losing Andrew is like losing my own heart," McMorris said during one of eight victim's impact statements
delivered inside a Riverhead courtroom Wednesday. "I literally feel like I lost a vital part of my own body."
https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 2/6
FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019
6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021
Suffolk County Assistant District Attorney
Brendan Ahern said Murphy deserved the
maximum sentence because Andrew's family
is suffering a "life sentence" of grief.
"Even today, he has no remorse," Ahern said of
Murphy.
Murphy did not speak at the trial or at
Suffolk County District Attorney Timothy D. Sini, during a
sentencing, but defense attorney Steve Politi
news conference, joined by John McMorris ( far left ) and his
wife, Alissa McMorris, (holding their son's picture) in Suffolk read a letter from the defendant's daughter,
County Court in Riverhead. Credit: John Roca who asked the court to show leniency. A court
officer brought tissues to Murphy's family as
the letter was read.
"My heart breaks for the McMorris family," the letter read. "My heart breaks for my dad."
After the sentence was imposed, Thomas
Murphy was immediately taken away in
handcuffs, as his wife Jackie screamed out:
"This is unbelievable. I can’t even give him a
hug?"
Moments later, Jackie Murphy collapsed into
the arms of her two daughters as she waited
for a courthouse elevator and lay motionless
John and Alissa McMorris talk to reporters after Thomas on the floor for several minutes. Court
Murphy's sentencing Wednesday. Credit: John Roca
officers administered oxygen to her as
reporters were ushered from the area.
Defense attorney Steve Politi said the sentence was "unfair" and excessive, given his client's age, health and
previously clean criminal record.
Politi, who plans to appeal, continued to argue that the crash was a "tragic accident" and that his client was not
legally intoxicated when he got behind the wheel of his white Mercedes SUV. Before sentencing, Politi
submitted 100 letters from community members in support of Murphy receiving the minimum sentence.
Politi said Murphy lived "an exemplary life" before the crash and has not driven a car or drank alcohol in two
years. He noted that his client shows up for court every day with his family and has treated the court with
respect throughout the process.
https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 3/6
FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019
6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021
"It’s hard to have remorse for something you don’t believe you did," said Politi, who argued that the maximum
sentence would amount to a death sentence for his client, citing his heart issues and the risk of contracting
coronavirus. "If he could switch place with Andrew McMorris he would do so in a heartbeat."
Prosecutors contended Murphy spent hours before the crash drinking vodka at the Swan Lake Golf Club in
Manorville with three friends. Roughly a mile from the golf course, Murphy crossed a white fog line and
crashed into the Scouts, who were on a 20-mile hike, prosecutors said.
The crash injured three other Scouts from Troop 161: Thomas Lane and his older brother Dennis Lane, both of
Shoreham, and Kaden Lynch of Calverton.
Murphy refused a Breathalyzer test, and blood tests four hours later showed his blood alcohol content to be
.13%, well above the legal limit of 0.08%.
Murphy initially expressed remorse for the crash and indicated a willingness to accept responsibility for
Andrew’s death.
But he later decided to go to trial after unsuccessfully negotiating a plea deal with Suffolk County District
Attorney Timothy Sini’s office, which would have spared the family a painful trial.
"We spent two years essentially arguing what my brother's life was worth," Andrew’s sister Arianna McMorris
said.
During the trial, more than a dozen witnesses testified about the moments leading up to the crash, including
Murphy's golfing companions.
Steven Meola, the only one of the quartet not to drink alcohol during the round, testified that he attempted to
take Murphy's keys and offered to drive him home but his offers were rejected. Politi attacked Meola's
character, citing his social media posts, and argued that the alcohol consumption was significantly less than he
described.
The defense attorney argued throughout the trial that the boys were walking in the roadway and that the
crash was unavoidable. He said Suffolk police officers, medical examiner's office technicians, laboratory
experts — and even the Scouts and their parents — had fabricated, manipulated or altered evidence to convict
his client and reach a predetermined narrative of his guilt.
But the strategy was unsuccessful.
Murphy was convicted in December of two counts of aggravated vehicular homicide, second-degree
manslaughter, second-degree assault, second-degree vehicular manslaughter; two counts of second-degree
https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 4/6
FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019
6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021
vehicular assault; driving while intoxicated; two counts of third-degree assault, reckless driving and second-
degree reckless endangerment.
On Wednesday, Camacho vacated two counts — an aggravated vehicular homicide charge and second-degree
assault — because they were "repetitive" and based on identical evidence to other charges that Murphy was
convicted on. The move did not impact the sentence.
Earlier this year, as Murphy was preparing to face sentencing following the court's closure during the
coronavirus pandemic, Politi made a new argument — that members of the jury had improperly discussed the
case before deliberations, potentially impairing the partiality of the verdict.
One-by-one, the 12 deliberating jurors and six alternates were called back to the courtroom, this time as
subpoenaed witnesses to discuss their actions and those of their fellow jurors. While a handful of jurors
alleged inappropriate conduct, including one who reportedly criticized the testimony of a defense witness,
others denied the allegations.
No juror confessed to discussing the case or that any of the conversations had affected the verdict.
On Wednesday, Camacho denied Politi's request to set aside the verdict, noting that "isolated remarks" by
jurors do not rise to the level of juror misconduct and prejudicial behavior.
"Jurors are human beings," Camacho said, adding that individuals stuck in a room together for weeks will talk
despite his orders not to. "They are not robots."
More than 100 McMorris family members and supporters, wearing red in solidarity with Andrew, packed the
court Wednesday, filling three courtrooms. Tears and sniffles were audible as friends and family struggled to
control their emotions.
Andrew's mother, Alisa McMorris, spoke for nearly 45 minutes in graphic detail about her son's horrific
injuries and holding his hand as he drew his last breath at 4:07 a.m. on Oct. 1, 2018.
McMorris said the anguish has been "indescribable" as she suffers from stomach pains, headaches and
insomnia. She dwells often on the moments in Andrew's life — a first kiss, high school graduation, marriage and
fatherhood — that her son will never experience.
"I feel part of me unraveling. My soul is shattered and the pieces of me will never be put back together," she
said. "The hole will always be there."
Speaking after the sentencing, Sini said "today, justice was served."
https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 5/6
FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019
6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021
Chris McGrath, an attorney representing the McMorris family in a civil case against Murphy, said the
sentencing brings his clients no joy.
"There is no celebration tonight for a heartbroken McMorris family — nothing will bring Andrew back,"
McGrath said. "We will continue to fight for justice in the civil case, where he will again have to answer for his
negligent and reckless decisions made two years ago today."
With Cecilia Dowd
By Robert Brodsky and Michael O'Keeffe
robert.brodsky@newsday.com, michael.okeeffe@newsday.com @BrodskyRobert
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and
American University alum.
Didn’t find what you were looking for?
search newsday.com
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Preview
FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019 6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021 LONG ISLAND / CRIME Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death Thomas Murphy on Wednesday was sentenced to 8 1/3 – 25 years behind bars, the maximum, for driving drunk into a group of Boy Scouts, killing Andrew McMorris and injuring others in a September, 2018 crash in Manorville. John McMorris said: “We have two broken families here. We have a life sentence we have to learn how to live with, but we’re gonna carry on in honoring our son.” Here is Newsday's Cecilia Dowd. Credit: James Carbone, Howard Schnapp; Photo Credit: McMorris family By Robert Brodsky and Michael O'Keeffe robert.brodsky@newsday.com, michael.okeeffe@newsday.com @BrodskyRobert Updated September 30, 2020 8:28 PM A Suffolk County judge Wednesday sentenced a Holbrook man -- convicted of driving drunk into a group of Boy Scouts and killing a seventh-grader -- to the maximum allowable punishment, saying the man’s action "caused a trail of unending tears." Capping a day of raw emotions and heart-wrenching grief from both the victim and defendant's families, Acting State Supreme Court Justice Fernando Camacho sentenced Thomas Murphy, 61, to 8 ⅓ to 25 years in https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 1/6 FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019 6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021 prison, two years to the day after the Manorville crash killed 12-year-old Andrew McMorris and injured three other boys. The sentence, which was executed immediately, was handed down after Camacho rejected efforts by Murphy's defense team for a new trial after dismissing allegations of juror misconduct during the 5 1/2-week 2019 trial. Camacho said while Murphy had caused "tremendous destruction" he was not a "a horrible man. Not a monster. Not evil. He led a decent, good life. He was a decent man." But Camacho, who appeared visibly anguished as family members described the seventh grader's short but far-reaching life, said Murphy was solely responsible for the crash and must take responsibility for his crimes. "This needless, selfish, reckless act caused the death of a beautiful 12-year-old boy," he said. Andrew McMorris was hit by an SUV while with his Boy Scout "This selfish, reckless act caused so much troop two years ago today. Credit: McMorris family suffering and so much pain." Murphy looked straight ahead during the proceedings, hands Sign up for The Classroom newsletter. gripped under his gold tie and his face nearly fully covered by The pandemic has changed education on Long Island. Find out how. a mask. He never looked in the Email address Sign up direction of the victim's family members, even as they By clicking Sign up, you agree to our privacy policy. addressed him directly, and appeared emotionless as Camacho handed down the sentence. Andrew’s father, John McMorris, an assistant Scout leader who was with his son on the hike and held his lifeless body on the side of David Terry Road, said he has suffered from nightmares for two years. "Losing Andrew is like losing my own heart," McMorris said during one of eight victim's impact statements delivered inside a Riverhead courtroom Wednesday. "I literally feel like I lost a vital part of my own body." https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 2/6 FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019 6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021 Suffolk County Assistant District Attorney Brendan Ahern said Murphy deserved the maximum sentence because Andrew's family is suffering a "life sentence" of grief. "Even today, he has no remorse," Ahern said of Murphy. Murphy did not speak at the trial or at Suffolk County District Attorney Timothy D. Sini, during a sentencing, but defense attorney Steve Politi news conference, joined by John McMorris ( far left ) and his wife, Alissa McMorris, (holding their son's picture) in Suffolk read a letter from the defendant's daughter, County Court in Riverhead. Credit: John Roca who asked the court to show leniency. A court officer brought tissues to Murphy's family as the letter was read. "My heart breaks for the McMorris family," the letter read. "My heart breaks for my dad." After the sentence was imposed, Thomas Murphy was immediately taken away in handcuffs, as his wife Jackie screamed out: "This is unbelievable. I can’t even give him a hug?" Moments later, Jackie Murphy collapsed into the arms of her two daughters as she waited for a courthouse elevator and lay motionless John and Alissa McMorris talk to reporters after Thomas on the floor for several minutes. Court Murphy's sentencing Wednesday. Credit: John Roca officers administered oxygen to her as reporters were ushered from the area. Defense attorney Steve Politi said the sentence was "unfair" and excessive, given his client's age, health and previously clean criminal record. Politi, who plans to appeal, continued to argue that the crash was a "tragic accident" and that his client was not legally intoxicated when he got behind the wheel of his white Mercedes SUV. Before sentencing, Politi submitted 100 letters from community members in support of Murphy receiving the minimum sentence. Politi said Murphy lived "an exemplary life" before the crash and has not driven a car or drank alcohol in two years. He noted that his client shows up for court every day with his family and has treated the court with respect throughout the process. https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 3/6 FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019 6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021 "It’s hard to have remorse for something you don’t believe you did," said Politi, who argued that the maximum sentence would amount to a death sentence for his client, citing his heart issues and the risk of contracting coronavirus. "If he could switch place with Andrew McMorris he would do so in a heartbeat." Prosecutors contended Murphy spent hours before the crash drinking vodka at the Swan Lake Golf Club in Manorville with three friends. Roughly a mile from the golf course, Murphy crossed a white fog line and crashed into the Scouts, who were on a 20-mile hike, prosecutors said. The crash injured three other Scouts from Troop 161: Thomas Lane and his older brother Dennis Lane, both of Shoreham, and Kaden Lynch of Calverton. Murphy refused a Breathalyzer test, and blood tests four hours later showed his blood alcohol content to be .13%, well above the legal limit of 0.08%. Murphy initially expressed remorse for the crash and indicated a willingness to accept responsibility for Andrew’s death. But he later decided to go to trial after unsuccessfully negotiating a plea deal with Suffolk County District Attorney Timothy Sini’s office, which would have spared the family a painful trial. "We spent two years essentially arguing what my brother's life was worth," Andrew’s sister Arianna McMorris said. During the trial, more than a dozen witnesses testified about the moments leading up to the crash, including Murphy's golfing companions. Steven Meola, the only one of the quartet not to drink alcohol during the round, testified that he attempted to take Murphy's keys and offered to drive him home but his offers were rejected. Politi attacked Meola's character, citing his social media posts, and argued that the alcohol consumption was significantly less than he described. The defense attorney argued throughout the trial that the boys were walking in the roadway and that the crash was unavoidable. He said Suffolk police officers, medical examiner's office technicians, laboratory experts — and even the Scouts and their parents — had fabricated, manipulated or altered evidence to convict his client and reach a predetermined narrative of his guilt. But the strategy was unsuccessful. Murphy was convicted in December of two counts of aggravated vehicular homicide, second-degree manslaughter, second-degree assault, second-degree vehicular manslaughter; two counts of second-degree https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 4/6 FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019 6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021 vehicular assault; driving while intoxicated; two counts of third-degree assault, reckless driving and second- degree reckless endangerment. On Wednesday, Camacho vacated two counts — an aggravated vehicular homicide charge and second-degree assault — because they were "repetitive" and based on identical evidence to other charges that Murphy was convicted on. The move did not impact the sentence. Earlier this year, as Murphy was preparing to face sentencing following the court's closure during the coronavirus pandemic, Politi made a new argument — that members of the jury had improperly discussed the case before deliberations, potentially impairing the partiality of the verdict. One-by-one, the 12 deliberating jurors and six alternates were called back to the courtroom, this time as subpoenaed witnesses to discuss their actions and those of their fellow jurors. While a handful of jurors alleged inappropriate conduct, including one who reportedly criticized the testimony of a defense witness, others denied the allegations. No juror confessed to discussing the case or that any of the conversations had affected the verdict. On Wednesday, Camacho denied Politi's request to set aside the verdict, noting that "isolated remarks" by jurors do not rise to the level of juror misconduct and prejudicial behavior. "Jurors are human beings," Camacho said, adding that individuals stuck in a room together for weeks will talk despite his orders not to. "They are not robots." More than 100 McMorris family members and supporters, wearing red in solidarity with Andrew, packed the court Wednesday, filling three courtrooms. Tears and sniffles were audible as friends and family struggled to control their emotions. Andrew's mother, Alisa McMorris, spoke for nearly 45 minutes in graphic detail about her son's horrific injuries and holding his hand as he drew his last breath at 4:07 a.m. on Oct. 1, 2018. McMorris said the anguish has been "indescribable" as she suffers from stomach pains, headaches and insomnia. She dwells often on the moments in Andrew's life — a first kiss, high school graduation, marriage and fatherhood — that her son will never experience. "I feel part of me unraveling. My soul is shattered and the pieces of me will never be put back together," she said. "The hole will always be there." Speaking after the sentencing, Sini said "today, justice was served." https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 5/6 FILED: SUFFOLK COUNTY CLERK 07/08/2021 06:03 PM INDEX NO. 621626/2019 6/23/2021 Thomas Murphy sentenced to the maximum 8 1/3 to 25 years in Boy Scout death | Newsday NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 07/08/2021 Chris McGrath, an attorney representing the McMorris family in a civil case against Murphy, said the sentencing brings his clients no joy. "There is no celebration tonight for a heartbroken McMorris family — nothing will bring Andrew back," McGrath said. "We will continue to fight for justice in the civil case, where he will again have to answer for his negligent and reckless decisions made two years ago today." With Cecilia Dowd By Robert Brodsky and Michael O'Keeffe robert.brodsky@newsday.com, michael.okeeffe@newsday.com @BrodskyRobert Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum. Didn’t find what you were looking for? search newsday.com https://www.newsday.com/long-island/crime/boy-scout-death-murphy-li-1.49918943 6/6