Two lifelong friends said the man alleged they were a group of Boys Scouts last year, killing two 12-year-olds, Tuesday that the driver had three vodka drinks during a golf round before the crash but it was not seen drunk.
But the friends, Christopher DiMaria from Holbrook, and Raymond 'Brien from Maspeth, testified during the second week of Thomas Murphy's trial in Riverhead that they did not see the Trinity Group 161 Scouts out of the shoulder before David Terry Road accident. Murphy's defense attorney, Steven Politi, argues that badly supervised “Boy Scouts” were met when walking out on the road, which included a site nearly 20 feet near the crash site which did not have a fog lane to protect pedestrians. .
Prosecutors meet with Murphy, 60, of Holbrook, he spent the morning of 30 September pulling down the vodka at Swan Lake Golf Course in Manorville before driving his Mercedes SUV into the Scouts, killing Andrew McMorris from Manor and injuring another three .
Murphy pleaded not guilty in indictment of 16 counts on him for serious murder of a vehicle, assault and driving while intoxicated. If convicted, he is facing 8 1/3 to 25 years in prison.
DiMaria, a former NYPD officer and FDNY firefighter retired, indicated that he had partially filled a bottle of vodka to the course and had about three drinks, Murphy and Brien during the year.
But DiMaria said he did not believe that Murphy, who he recognized as one of his best friends, was drunk when they left the course, located about a mile and a half from the crash scene.
"I was not worried about driving at that point," DiMaria told the jury of seven men and five women.
Last week, another friend of Murphy, Steven Meola de Astoria, gave some of the elegant music on the day of the accident, suggesting that he had offered to drive the town of Murphy as he thought his friend was "drunk", interfering. on his words and at difficulty walking.
The prosecutors argue that DiMaria brought an open bottle of 1.75 liters of Sodka vodka – he filled about one-third with a boom – to the golf course, where they started drinking with iced tea or Gatorade around the 10th hole. O Brien, an MTA bus driver, indicated that he believed the bottle was smaller – due to a bottle size of wine – and it was about a quarter filled with vodka.
Murphy, prosecutors, said they were not eating during the round and stopped playing after six holes. Murphy made some videos on his mobile phone during the round played for the jury. The videos showed the men dancing with music and you could listen to Murphy, who was speaking, to some of his words.
DiMaria said that he had poured at least two drinks from the vodka bottle for himself, Murphy and Brien and that Meola had soda, which did not drink alcohol. Murphy, by then, bought another vodka bottle on the 16th hole for himself and the other two golfers.
But Brien said that Murphy was fixed and the golf cart was working and he was not drunk before he went into his Mercedes.
"I thought it was fine," said Brien. "I wasn't worried about Mr Murphy as long as I am."
Prosecutors said Murphy refused a Breathalyzer test at the crash scene, and when his blood was taken one hour after getting a warrant, he registered 0.13 blood alcohol content. Forensic toxicologists estimate that it was 0.19% at the time of the accident – more than twice the legal standard of 0.08%.
The two men also gave evidence on Tuesday that the Scouts, who were walking 20 miles, were clearly visible to drivers because they were walking in a line on the shoulder of the road in bright colored clothes.
DiMaria said when he went to the group that he changed lanes, moving to the left lane "courtesy" for the children.
But O Brien said, driving behind Murphy in a Honda Pilot in 2011 with Meola in the passenger seat, he saw the Mercedes on the right before the crash and he was thinking aloud "what's happening ? "
Brien pointed out that Murphy called him two days after the accident and told him that the children came out of nowhere. "
McMorris died 14 hours after the accident and Thomas Lane, Shoreham, his older brother Denis Lane and Kaden Lynch of Calverton suffered serious injuries.
DiMaria and Brien indicated that they stopped at the crash site to offer help but they did not recognize themselves for the police or the victims as Murphy's friends.
“I also had a few drinks and wanted to go on,” said DiMaria, accepting that he had concerns about his own legal and civil liability for the accident. DiMaria hired a solicitor later.
Brien said when he spoke to Murphy at the scene of the disaster that his friend was worried.
"He said 'Ray, Ray. Am I in trouble?' 'Oh Brien said.' 'I answered,' You might be. ' # 39; "
The trial continues on Wednesday.