Jury Returns DWI Murder Verdict

McPherson found guilty on all counts, including murder and DWI; now facing life in prison

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced today that a jury has found  Franklin McPherson, 21, of Deer Park, guilty of murder, DWI and drug and gun possession following a wrong-way DWI car crash that killed an Amityville man in October of last year. 

McPherson faces 25 years to life in prison at his July 29 sentencing. 

The jury’s verdict marks only the second time in Nassau County history that a DWI crash has resulted in a murder conviction.

The jury deliberated for less than four hours before finding McPherson guilty of Murder in the Second Degree, Manslaughter and Vehicular Manslaughter in the Second Degree, Aggravated DWI, Criminal Possession of a Weapon in the Second Degree, and Criminal Possession of a Controlled Substance in the Seventh Degree. 

“This defendant’s preventable actions led to this inevitable result.  We will continue to fight to hold drunk drivers responsible for their actions, responsible for the carnage they cause on our roads.  For the second time in this county’s history, a jury agreed with us that this type of extraordinary case amounts to murder.  This crash was as violent as a murder gets.”

Rice said that on October 19, 2007, at approximately 3:20 AM, 911 calls were received about shots being fired in the Municipal Parking Lot next to the Island Rock Lounge in Hempstead.  Immediately thereafter, the screeching tires of a vehicle were heard leaving the same area.  Hempstead police officers responding to the scene recovered five 9mm shell casings but were unable to identify a shooter or a victim of the shooting.

Approximately ten minutes later, 911 calls were received reporting a vehicle traveling the wrong way on the Southern State Parkway.  The car, a 1999 silver Lexus, was first spotted between exits 18 and 19 of the parkway, traveling about 70 miles per hour at various points before it collided near exit 13 with a Jeep Cherokee driven by 44-year-old Leslie Burgess.  The head-on crash sent the Jeep airborne before it flipped over several times, landing on its side on the south shoulder of the parkway.  A fire engulfed the vehicle within minutes and Mr. Burgess was killed.

After the collision, the Lexus collided with the center median.  Responding law enforcement and emergency personnel found Franklin McPherson unconscious and pinned behind the steering wheel.  He sustained two broken legs.  A blood test later determined that McPherson’s blood-alcohol level was a .19, more than twice the legal limit to drive.  Roman Taylor, 21, of Wyandanch, a passenger in the Lexus, sustained a fractured back.  A bag of cocaine was recovered from the car along with a 9mm handgun and ammunition.    

An investigation later revealed that the five shell casings taken from the scene of the Island Rock shooting matched the gun recovered in the car. 

Taylor was indicted by a grand jury and arraigned on charges of Criminal Possession of a Weapon in the Second Degree and Criminal Possession of a Controlled Substance in the Seventh Degree.  He is facing a maximum of 15 years in prison if convicted of the charges.

The ‘depraved indifference’ murder conviction marks the second time in the last two years that a jury has found a defendant guilty of murder in connection with a DWI automobile crash.  In October 2006, the Rice administration successfully obtained the unprecedented murder conviction of Martin Heidgen, who is now serving 18 years-to-life in prison for the July 2005 double murder of a limousine driver and a wedding’s seven-year-old flower girl on the Meadowbrook Parkway.

Assistant District Attorney Maureen McCormick has handled the DWI murder prosecutions of both Heidgen and McPherson.   Mr. McPherson is being represented by Dennis Lemke, Esq., of Mineola.  Mr. Taylor is being represented by Anthony Grandinette, Esq., of Mineola.

Rice commended the hard work of the New York State Police, Troop L, Bureau of Criminal Investigation under the command of Major Walter Heesch.

The charges against Taylor are merely accusations and the defendant is presumed innocent until and unless proven guilty.