Jury deliberates whether Holbrook man was drunk when he fatally struck Boy ScoutPosted: Updated:
A jury is deliberating if a Holbrook man was drunk when he hit and killed a 12-year-old Boy Scout and if he should be held responsible for the boy's death.
The jury in the case against Thomas Murphy began deliberations around 1 p.m. Tuesday. Throughout the five-week-long trial, prosecutors argued that Murphy was drunk and acted "recklessly and selfishly" when he got behind the wheel of his SUV after a morning of drinking on the golf course in 2018.
Prosecutors say that's when the Holbrook man went off the road and drove into a group of Boy Scouts, killing 12-year-old Andrew McMorris.
Murphy's attorney argued that it was all just a terrible accident and not a crime. He said the blood sample taken from Murphy was not administered properly, and may have been tampered with. He also claims the boys were in the road when they were hit.
"Because this is so emotional - because it does involve the death of a 12-year-old boy - sometimes what people will do is they'll allow emotion to creep in where you're supposed to be using your intellect, and that's not their job," says Steve Politi, Murphy's attorney.
Over an hour into deliberations, the jury handed up three notes, asking for a number of items – including a list of witnesses, testimony from the friends Murphy was golfing with and the times he was drinking, as well as pictures of the damaged SUV.
McMorris' father spoke just before deliberations began, saying, "We pray that justice is done because we don't want this to happen to anybody else."
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