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A judge dropped charges that are “no longer legally sustainable,” which relied on Holbrook resident Thomas Murphy’s blood alcohol content level being above .18 percent, more than double the legal limit.
According to reports, Murphy’s lawyers contended that a witness for the prosecution withheld certain notes about Murphy’s BAC on the day he struck and killed 12-year-old Andrew McMorris last year. They also alleged that Murphy’s test may have been contaminated.
It is alleged that Murphy, 60, was drinking with three friends at the Swan Lake Golf Course in Manorville before getting into his Mercedes, and crashing into Scouts from David Terry Road. McMorris was killed and three others were injured.
The four dropped charges - aggravated vehicular homicide, first-degree vehicular manslaughter, first-degree vehicular assault and driving while intoxicated - require a driver have a blood alcohol content greater than .18 percent, and it’s being argued that Murphy’s was closer to .13 percent.
Murphy initially refused to submit to a breathalyzer and investigators had to obtain a warrant from a judge to collect his blood.
Other charges against Murphy include aggravated vehicular homicide and second-degree manslaughter, as well as second and third-degree assault, second-degree vehicular assault and one count of driving while intoxicated. He faces a term of between eight and 25 years in prison if convicted.
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