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Truck driver cleared in deadly NH motorcycle wreck testifies to get license back

A commercial truck driver who was acquitted of killing seven motorcyclists in New Hampshire testified at a hearing Wednesday in a bid to have his suspended license reinstated, but the state’s attorney said said his lawyer is still involved in the 2019 accident.

A jury in 2022 found charges of multiple manslaughter and negligent homicide stemming from a crash in Randolph that killed seven members of the Jarheads Motorcycle Club, an organization of Marine Corps veterans and their spouses in New England. Volodymyr Zhukovsky was found not guilty.

Zhukovskyy came to the United States from Ukraine as a child and was a permanent resident, but his Massachusetts license was automatically suspended in New Hampshire after he was arrested in connection with the June 21, 2019, crash. Ta.

Massachusetts truck driver involved in fatal crash that killed 7 people asks for his license returned

“I thought I was the one who caused the accident,” Zhukovskyy, 28, testified by video during a four-hour administrative hearing in Concord, according to an interview with police at the time. “It was like being in a bubble with all the pressure.”

Prosecutors argued that Zhukovskyy, who had been under the influence of heroin, fentanyl and cocaine on the day of the crash, had been swerving from side to side before the crash and told police he had caused the accident. But a judge dismissed eight impairment charges, with lawyers saying the man leading the bikers was drunk and not looking where he was going, lost control of his bike and drove into an empty flatbed trailer. He said he slipped in front of Zhukovsky’s truck, which he was towing.

Lawyers in Zhukovsky’s case also said there was no evidence that he was impaired at the time of the crash, and that police made no observations in the hours that followed that would suggest he was impaired. Ta.

According to state law, Zhukovskyy’s license restoration depends on whether hearing officer Ryan McFarland determines that Zhukovskyy drove in an “unlawful and reckless manner” that “materially contributed” to the accident. It’s coming. After the hearing, Mr. McFarland was advised and filed suit. If the outcome is in the state’s favor, Zhukovskyy’s license could be suspended for up to seven years.

One of the former Jarheads members who was injured in the accident spoke out against having his license reinstated.

“All of you are at risk if this man drives again,” Manny Ribeiro told reporters after Wednesday’s hearing. “I know what happened that day. I was there.”

Volodymyr Zhukovsky looks back at the gallery before closing statements begin during his trial in Coos County Superior Court on August 9, 2022 in Lancaster, New Hampshire. (David Lane/Union Leader, via AP, Pool, File)

Following the manslaughter acquittal at the time, Gov. Chris Sununu said the seven bikers “did not receive justice,” and Attorney General John Formella issued strong comments saying he believed the state had proven the case. pulled out.

Zhukovskyy told Wednesday’s hearing that he was driving near the top of the East-West Expressway when he noticed a motorcycle coming in his direction and braked.

“He reacted within seconds,” said attorney Earl Wingate III. “He didn’t cause the accident.”

But David Hiltz, an attorney for the state Department of Safety, disputed that explanation based on the expert report. He said the description of where the tires were located at the time showed that Zhukovskyy had not seen the bike beforehand.

“The shock happened. He jammed during the break,” Hiltz said.

Mr. Hiltz asked Mr. Zhukovskyy extensively about his drug use based on his police interview. In his closing statement, his lawyer said Mr. Zhukovskyy had done everything in his power to avoid answering questions about his drug use and disability.

Hiltz also mentioned previous incidents involving Zhukovskyy, including one 18 days before the Randolph crash. He said both Zhukovskyy and lead biker Albert “Woody” Mazza Jr. contributed significantly to the accident. His autopsy report said Mazza, one of the seven people who died, had a blood alcohol level of 0.135%, well above the legal limit of 0.08%.

Zhukovskyy’s license should have been revoked at the time because he was arrested in May 2019 on suspicion of drunk driving in Connecticut. Connecticut authorities alerted the Massachusetts Registrar of Motor Vehicles, but Zhukowski’s license was not suspended for the unpaid vehicle. State Notices for Driving Offenses. The Connecticut lawsuit is pending.

U.S. Immigration and Customs Enforcement detained Zhukovskyy after his 2022 conviction due to previous convictions including drug possession, driving with a suspended license, providing false information and theft. Mr. Zhukowski was taken from a county jail in New Hampshire to a federal detention center.

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Mr. Zhukovsky’s immigration lawyer applied for asylum for his client. In February 2023, a judge ordered Zhukovskyy’s deportation. However, it is unclear how it would be sent to a country at war with Russia. The United States has suspended repatriation flights to Ukraine and granted Temporary Protected Status to eligible Ukrainians.

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