Assistant scoutmaster testifies about alleged DWI that killed Boy Scout

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The assistant scoutmaster who was there when 12-year-old Boy Scout Andrew McMorris was fatally struck by an alleged drunk driver took the stand Thursday to give an emotional testimony.

Police say 59-year-old Thomas Murphy played golf and drank vodka before he got behind the wheel of his vehicle and plowed into a group of Boy Scouts, killing McMorris and injuring two others.

Daniel Blunnie testified that he saw Murphy's vehicle cross over the white line before he drove into the group of boys. 

MORE: Funeral held for Boy Scout killed by alleged drunk driver

He also said he got within 3 feet of Murphy after the incident and noticed that the defendant was red in the face. Blunnie said that Murphy’s eyes were glazed over and that he could smell alcohol on him.

Blunnie also testified that he heard Murphy tell someone on the scene that he was in trouble.

MORE: Alleged drunk driver takes responsibility for killing Boy Scout | Plea deal possible for suspected drunk driver who killed Boy Scout

Murphy’s defense attorney Stephen Politi responded that Blunnie never told police on scene any of his observations about Murphy -- claiming those remarks were only made after he was prepped by the district attorney's office.

Politi also tried to prove that the boys were walking in the roadway at the time they were hit and not on the side.

"Dan Blunnie himself said that he didn't follow his own rules,” says Politi. “A grown man testified today that he didn't follow the same rules that he made the kids follow.  Well if he wasn't following the rules, can we really think that the children were?"

The defense motioned for a mistrial with prejudice two times during Thursday's proceedings, claiming the prosecution entered evidence not relevant to its theory. Both times that motion was denied.

The trial is set to resume Friday.

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