The man accused of driving drunk and striking five Boy Scouts, killing one of them, is facing upgraded charges.

Thomas Murphy, 59, is now charged in a 16-count indictment in the death of 12-year old Boy Scout Andrew McMorris. Previously Murphy was facing a DWI charge for the Sept. 30 crash. The new upgraded charges include aggravated vehicular homicide, vehicular manslaughter and vehicular assault where the driver had a blood alcohol content of more than 0.18. 

Police say the Scouts were walking on the shoulder of David Terry Road in Manorville on Sept. 30 when they were struck by Murphy, of Holbrook.

McMorris, 12, a seventh-grader at Prodell Middle School in Shoreham, died from his injuries.

The four injured Scouts range in age from 12 to 16 years old.

During a court appearance Thursday, Murphy apologized for his “role in the crash” and said he would cooperate with authorities.

Anti-drunk driving advocate Marge Lee said she's glad the charges were upgraded but she takes issue with the part of Murphy's apology where he referred to the fatal crash as an accident. 

"You caused this to happen by your choices and your actions," she said. "Where does the accident come in?"