COUNTY COURT: COUNTY OF SUFFOLK

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THE PEOPLE OF THE STATE OF NEW YORK

- against -
Case No.
I-1868-18

THOMAS MURPHY,

Defendant(s).
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COUNT ONE: AGGRAVATED VEHICULAR HOMICIDE

COUNT TWO: AGGRAVATED VEHICULAR HOMICIDE

COUNT THREE: AGGRAVATED VEHICULAR HOMICIDE

COUNT FOUR: MANSLAUGHTER IN THE SECOND DEGREE

COUNT FIVE: VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE

VF COUNT SIX: ASSAULT IN THE SECOND DEGREE

COUNT SEVEN: VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE

COUNT EIGHT: VEHICULAR ASSAULT IN THE FIRST DEGREE

COUNT NINE: VEHICULAR ASSAULT IN THE SECOND DEGREE

COUNT TEN: VEHICULAR ASSAULT IN THE SECOND DEGREE

COUNT ELEVEN: DRIVING WHILE INTOXICATED, AS A MISDEMEANOR

COUNT TWELVE: DRIVING WHILE INTOXICATED, AS A MISDEMEANOR

COUNT THIRTEEN: ASSAULT IN THE THIRD DEGREE

COUNT FOURTEEN: ASSAULT IN THE THIRD DEGREE

COUNT FIFTEEN: RECKLESS DRIVING

COUNT SIXTEEN: RECKLESS ENDANGERMENT IN THE SECOND

DEGREE

FOREPERSON

ASSISTANT FOREPERSON TIMOTHY D. SINI

OCTOBER 9 – NOVEMBER 2, 2018 DISTRICT ATTORNEY
TERM XI SUFFOLK COUNTY
GRAND JURY NUMBER 1B
 COUNT ONE

THE GRAND JURY OF SUFFOLK COUNTY, by this indictment, accuses the

defendant, Thomas Murphy, of the crime of AGGRAVATED VEHICULAR

HOMICIDE, in violation of Section 125.14(5) of the Penal Law of the State of New

York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, drove a motor vehicle in a manner which unreasonably interfered with the free and

proper use of the public highway or unreasonably endangered users of the public highway

and operated such motor vehicle upon a public highway while having a .08 of one per

centum or more by weight of alcohol in his blood as shown by chemical analysis of his

blood and as a result of such intoxication operated such motor vehicle in a manner that

caused the death of Andrew McMorris and the serious physical injury of Thomas Lane.
 COUNT TWO

THE GRAND JURY OF SUFFOLK COUNTY, by this indictment, accuses the

defendant, Thomas Murphy, of the crime of AGGRAVATED VEHICULAR

HOMICIDE, in violation of Section 125.14(5) of the Penal Law of the State of New

York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, drove a motor vehicle in a manner which unreasonably interfered with the free and

proper use of the public highway or unreasonably endangered users of the public highway

and operated such motor vehicle upon a public highway while in an intoxicated condition

and as a result of such intoxication, operated such motor vehicle in a manner that caused

the death of Andrew McMorris and the serious physical injury of Thomas Lane.

COUNT THREE

THE GRAND JURY OF SUFFOLK COUNTY, by this indictment, accuses the

defendant, Thomas Murphy, of the crime of AGGRAVATED VEHICULAR

HOMICIDE, in violation of Section 125.14(1) of the Penal Law of the State of New

York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, operated a motor vehicle in a manner which unreasonably interfered with the free

and proper use of a public highway or unreasonably endangered users of a public highway

while he had .18 of one per centum or more by weight of alcohol in his blood as shown

by chemical analysis of his blood and caused the death of Andrew McMorris.
 COUNT FOUR

THE GRAND JURY OF SUFFOLK COUNTY, by this Indictment, accuses the

defendant, Thomas Murphy, of the crime of MANSLAUGHTER IN THE SECOND

DEGREE, in violation of Section 125.15(1) of the Penal Law of the State of New York,

committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New York,

recklessly caused the death of another person, namely Andrew McMorris.

COUNT FIVE

THE GRAND JURY OF SUFFOLK COUNTY, by this Indictment, accuses the

defendant Thomas Murphy, of the crime of VEHICULAR MANSLAUGHTER IN

THE FIRST DEGREE, in violation of Section 125.13(1) of the Penal Law of the State

of New York, committed as follows:

The said defendant on or about September 30, 2018, in Suffolk County, New

York, operated a motor vehicle while having .18 of one per centum or more by weight of

alcohol in his blood as shown by a chemical analysis of his blood and operated that

vehicle in a manner which caused the death of Andrew McMorris.

 COUNT SIX

THE GRAND JURY OF SUFFOLK COUNTY, by this Indictment, accuses the

defendant, Thomas Murphy, of the crime of ASSAULT IN THE SECOND DEGREE, in

violation of Section 120.05(4) of the Penal Law of the State of New York, committed as

follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New York,

recklessly caused serious physical injury to another person, namely Thomas Lane, by means

of a dangerous instrument.

COUNT SEVEN

THE GRAND JURY OF SUFFOLK COUNTY, by this Indictment, accuses the

defendant, Thomas Murphy, of the crime of VEHICULAR MANSLAUGHTER IN

THE SECOND DEGREE, in violation of Section 125.12(1) of the Penal Law of the

State of New York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, operated a motor vehicle upon a public highway while in an intoxicated condition

and as a result of such intoxication operated such motor vehicle in a manner that caused

the death of Andrew McMorris.

 COUNT EIGHT

THE GRAND JURY OF SUFFOLK COUNTY, by this indictment, accuses the

defendant, Thomas Murphy, of the crime of VEHICULAR ASSAULT IN THE FIRST

DEGREE in violation of Section 120.04(1) of the Penal Law of the State of New York,

committed as follows:

The said defendant on or about September 30, 2018, in Suffolk County, New

York, operated a motor vehicle upon a public highway while having .18 of one per

centum or more by weight of alcohol in his blood as shown by a chemical analysis of his

blood and operated such motor vehicle in a manner which caused serious physical injury

to Thomas Lane.

COUNT NINE

THE GRAND JURY OF SUFFOLK COUNTY, by this Indictment, accuses the

defendant, Thomas Murphy, of the crime of VEHICULAR ASSAULT IN THE

SECOND DEGREE, in violation of Section 120.03(1) of the Penal Law of the State of

New York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New York,

operated a motor vehicle upon a public highway while having a .08 of one per centum or

more by weight of alcohol in his blood as shown by chemical analysis of his blood and did

so in a manner which caused serious physical injury to Thomas Lane.

 COUNT TEN

THE GRAND JURY OF SUFFOLK COUNTY, by this indictment, accuses the

defendant, Thomas Murphy, of the crime of VEHICULAR ASSAULT IN THE

SECOND DEGREE, in violation of Section 120.03(1) of the Penal Law of the State of

New York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New York,

operated a motor vehicle upon a public highway while in an intoxicated condition and did

so in a manner which caused serious physical injury to Thomas Lane.

COUNT ELEVEN

THE GRAND JURY OF SUFFOLK COUNTY, by this indictment, accuses the

defendant, Thomas Murphy, of the crime of AGGRAVATED DRIVING WHILE

INTOXICATED, AS A MISDEMEANOR in violation of Section 1192.2a(a) of the

Vehicle and Traffic Law of the State of New York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, operated a motor vehicle upon a public highway while he had .18 of one per

centum or more by weight of alcohol in his blood as shown by chemical analysis of his

blood.
 COUNT TWELVE

THE GRAND JURY OF SUFFOLK COUNTY, by this indictment, accuses the

defendant, Thomas Murphy, of the crime of DRIVING WHILE INTOXICATED, AS

A MISDEMEANOR, in violation of Section 1192.3 of the Vehicle and Traffic Law of

the State of New York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, operated a motor vehicle upon a public highway while in an intoxicated condition.

COUNT THIRTEEN

THE GRAND JURY OF SUFFOLK COUNTY, by this Indictment, accuses the

defendant, Thomas Murphy, of the crime of ASSAULT IN THE THIRD DEGREE, in

violation of Section 120.00(2) of the Penal Law of the State of New York, committed as

follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, recklessly caused physical injury to Denis Lane.

 COUNT FOURTEEN

THE GRAND JURY OF SUFFOLK COUNTY, by this Indictment, accuses the

defendant, Thomas Murphy, of the crime of ASSAULT IN THE THIRD DEGREE, in

violation of Section 120.00(2) of the Penal Law of the State of New York, committed as

follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, recklessly caused physical injury to Kaden Lynch.

COUNT FIFTEEN

THE GRAND JURY OF SUFFOLK COUNTY, by this Indictment, accuses the

defendant, Thomas Muprhy, of the crime of RECKLESS DRIVING, in violation of

Section 1212 of the Vehicle and Traffic Law of the State of New York, committed as

follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New York,

drove a motor vehicle in a manner which unreasonably interfered with the free and proper

use of the public highway or unreasonably endangered users of the public highway.
 COUNT SIXTEEN

THE GRAND JURY OF SUFFOLK COUNTY, by this indictment, accuses the

defendant, Thomas Murphy, of the crime of RECKLESS ENDANGERMENT IN THE

SECOND DEGREE, in violation of Section 120.20 of the Penal Law of the State of

New York, committed as follows:

The said defendant, on or about September 30, 2018, in Suffolk County, New

York, recklessly engaged in conduct which created a substantial risk of serious injury to

another person.