Some charges may be dropped by judge in case against driver in Boy Scout death

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The judge in the case against a Holbrook man accused of driving drunk and killing a Boy Scout may be dropping four charges.

Thomas Murphy, 60, had previously pleaded not guilty to a 16-count indictment, which included charges of aggravated vehicular homicide, assault and driving while intoxicated.

Murphy's lawyer says an expert witness for the prosecution, a criminologist, didn't give the defense all of his notes about Murphy's blood alcohol content on the day of the crash. He says that evidence includes the possibility that Murphy's blood alcohol content was below .18.

The four charges that would be dropped are linked to the possibility of Murphy's blood alcohol level being above .18. They include aggravated vehicular homicide, first-degree vehicular manslaughter, first-degree vehicular assault and driving while intoxicated.

Prosecutors did not comment, but Murphy would still face a list of charges including two other counts of aggravated vehicular homicide.

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The two counts are linked to evidence that alleges Murphy's blood alcohol level was still above the legal limit after the crash.

Andrew McMorris, 12, was hiking with his Boy Scout troop in Manorville when Murphy allegedly hit him with his car back in September of 2018.

Prosecutors say Murphy had been drinking while playing golf earlier that day. His lawyer says the Boy Scouts were poorly supervised, and that police and prosecutors have been mishandling the case.

The judge said the prosecution has one more witness to call Thursday. No charges will be dropped until the prosecution rests.

The defense is expected to start their case Monday.

 

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