New Hampshire

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

Published

2 years ago

May 8, 2024

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

A commercial truck driver who was acquitted of causing the deaths of seven motorcyclists in New Hampshire testified at a hearing Wednesday on his request to reinstate his suspended license, while a lawyer for the state said he still played a role in the 2019 crash.

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

Zhukovskyy, who came to the U.S. as a child from Ukraine and had permanent residency status, had his Massachusetts license automatically suspended in New Hampshire after his arrest following the June 21, 2019, crash.

MASSACHUSETTS TRUCK DRIVER INVOLVED IN FATAL CRASH THAT KILLED 7 WANTS LICENSE BACK

Based on his interviews with police at the time, “I thought I was the one that caused the accident,” Zhukovskyy, 28, testified at a four-hour administrative hearing in Concord in which he appeared via video. “I was like in a bubble with all the pressure.”

Prosecutors argued that Zhukovskyy — who had taken heroin, fentanyl and cocaine the day of the crash — repeatedly swerved back and forth before the collision and told police he caused it. But a judge dismissed eight impairment charges and his attorneys said the lead biker was drunk and not looking where he was going when he lost control of his motorcycle and slid in front of Zhukovskyy’s truck, which was pulling an empty flatbed trailer.

Zhukovskyy’s trial lawyers also said there was no evidence he was impaired at the time of the crash and that police did not make any observations in the hours afterward suggesting he was.

Restoration of Zhukovskky’s license would depend on whether hearings officer Ryan McFarland decides Zhukovskyy drove “in an unlawful and reckless manner” that “materially contributed” to the accident, according to state law. McFarland took the case under advisement after the hearing. If he finds in favor of the state, Zhukovskyy’s license could remain suspended for up to seven years.

One former Jarheads member injured in the crash spoke out against restoring the license.

“You’re all in jeopardy of this guy driving again,” said Manny Ribeiro, speaking with reporters after Wednesday’s hearing. “I know what happened that day. I was there.”

Volodymyr Zhukovskyy looks back at the gallery before closing statements started at his trial at Coos County Superior Court in Lancaster, N.H., Aug. 9, 2022. (David Lane/Union Leader via AP, Pool, File)

The manslaughter acquittal at the time drew strong comments from Gov. Chris Sununu, who said the seven bikers “did not receive justice,” and from Attorney General John Formella, who said he believed the state proved its case.

Zhukovskyy said at Wednesday’s hearing he was driving around a crest on an east-west highway, saw a motorcycle coming in his direction, and applied his brakes.

“He responded in seconds,” his attorney Earle Wingate III, said. “He did not cause the crash.”

But David Hilts, an attorney for the state Department of Safety, challenged that account, based on expert reports. He said descriptions of where the tires were at the time showed Zhukovskyy didn’t see the motorcycle in advance.

“The impact happened. He jams on his breaks,” Hilts said.

Hilts questioned Zhukovskyy extensively about his drug use based on the police interviews. The attorney said in his closing statement that Zhukovskyy did everything possible to not answer his questions about drug use and impairment.

Hilts also brought up prior accidents Zhukovskyy was involved in, including one 18 days before the Randolph crash. He said both Zhukovskyy and the lead biker, Albert “Woody” Mazza Jr., materially contributed to the crash. Mazza, one of the seven who died, had a blood-alcohol level of 0.135%, well above the legal limit of 0.08%, according to his autopsy report.

At the time, Zhukovskyy’s license should have been revoked because he had been arrested in Connecticut on a drunken driving charge in May 2019. Connecticut officials alerted the Massachusetts Registry of Motor Vehicles, but Zhukovskyy’s license wasn’t suspended due to a backlog of out-of-state notifications about driving offenses. The Connecticut case is pending.

U.S. Immigration and Customs Enforcement detained Zhukovskyy after the 2022 verdict, citing previous convictions of drug possession, driving with a suspended license, furnishing false information and larceny. Zhukovskyy was taken from a New Hampshire county jail to a federal detention facility.

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Zhukovskyy’s immigration attorney requested asylum for his client. In February 2023, a judge ordered Zhukovskyy’s deportation. But it’s unclear under how he could be sent to a country at war with Russia. The U.S. has paused repatriation flights to Ukraine and authorized Temporary Protected Status for qualified Ukrainians.

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New Hampshire

New Hampshire employment law in 2026 – NH Business Review

Published

1 hour ago

March 2, 2026

Press Room

New Hampshire employment law in 2026 – NH Business Review

What employers are getting wrong, and how to fix it before it becomes a claim

New Hampshire’s employment law landscape heading into 2026 may not be dramatically different from last year, but the real risks lie in implementation missteps. From the initial setting of wages, to calculating and distributing wages, employers will likely find a specific statute and/or labor regulation governing the transaction. Failure to follow these detailed wage and hour laws can result in significant back wages and other penalties being imposed by the state or federal Department of Labor following an audit. Fortunately, however, this area of employment law is relatively easy to master, once you are familiar with the basics.

Notice compliance

One of the most common pitfalls for employers in New Hampshire is misunderstanding the wage and hour notice requirements under RSA 275 and the related New Hampshire Department of Labor Administrative Rules.

At the time of hire, employers must notify employees in writing of their rate of pay and the day and place of payment. This notice is traditionally delivered to employees by way of an offer letter or some sort of “New Hire Rate of Pay” form. (A sample form is available from the New Hampshire Department of Labor website.) What surprises most employers, however, is that Lab. 803.03(f)(6) also requires employers to request and obtain their employees’ signatures on this written notification of wages, and employers must keep a copy of the signed written notification of wages on file. Further, employers must notify employees in writing during the course of employment of any changes to wages or day of pay prior to such changes taking effect, and the employer must obtain the employee’s signature on this subsequent notification as well. (See RSA 275:49; Lab. 803.03.)

Employers are further required to notify employees in writing, or through a posted notice maintained in a place accessible to employees, of:

• employment practices and policies with regard to vacation pay, sick leave and other fringe benefits.

• deductions made from the employee’s payroll check, for each period such deductions are made.

• information regarding the deductions allowed from wage payments under state law. (RSA 275:49; Lab. 803.03.)

Policies regarding vacation and sick leave should inform employees whether or not the employer will “cash out” unused time at year end or at the end of employment, and if so, under what terms. Again, if any changes are made to vacation pay, sick leave and other fringe benefits during the course of employment (all of which are considered “wages” under New Hampshire law), employers must request and obtain their employees’ signatures on the written notification of the change, and must keep a copy of the signed form on file. (Lab. 803.03.) Importantly, notification by way of pay stub alone is not sufficient, and, these requirements apply to both increases and decreases in pay.

Two-hour minimum (reporting pay)

Another frequently overlooked obligation is New Hampshire’s two-hour minimum reporting pay requirement. Under RSA 275:43-a, non-exempt employees who report to work but are sent home early must generally be paid for at least two hours. Weather-related closures, client cancellations or operational slowdown days can trigger this rule. Employers should also note that the New Hampshire Department of Labor currently applies this law to remote-based employees. Consequently, employees who “report to work” at an employer’s request from a home office may likewise have a right to two hours of pay, depending on the circumstances.

Salaried vs. hourly employees

Misclassification of employees as exempt from overtime remains a significant source of compliance exposure. The position’s job duties — not the titles or label such as “salaried” — determine whether an employee qualifies for an overtime exemption.

Employers, particularly in nonprofits, health care and small businesses, unintentionally misapply exempt classifications to roles such as administrative staff, office managers, executive assistants, program coordinators or hybrid jobs that involve significant non-exempt tasks. Over time, as organizational needs evolve and employees take on broader responsibilities, job duties can drift outside of an exemption’s scope.

Best practice is to periodically review job descriptions and actual job duties to ensure continued compliance with exemption criteria, particularly following any significant restructuring or job redesigns.

Peg O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at margaret.o’brien@mclane.com.

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New Hampshire

New photo released in unsolved 1997 homicide of a N.H. woman

Published

13 hours ago

March 2, 2026

Press Room

New photo released in unsolved 1997 homicide of a N.H. woman

Local News

“Our family wants to know what happened, who did this and why,” said the family of the victim.

A new photo has been released of the victim in a nearly 30-year-long unsolved murder case, in the hope of finding any new potential witnesses in the cold case, New Hampshire officials said.

“Our family wants to know what happened, who did this and why,” the family of Rosalie Miller said in a press release. “We miss her and want to give her peace.”

Miller was last seen on December 8, 1996 at her apartment in Manchester. At the time of her disappearance, Miller had plans on meeting friends in the Auburn, New Hampshire area, officials said.

Her body was found on January 20, 1997 in a partially wooded spot on a residential lot along the Londonderry Turnpike in Auburn, officials said in the release.

The autopsy report declared Miller’s death a homicide by asphyxiation due to ligature strangulation, N.H. officials wrote.

As part of a new effort to garner public help with the case, an “uncirculated” photo of Miller, 36, is being distributed “in hopes it may jog the memory of someone who saw or spoke with her in the winter of 1996,” Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall announced on behalf of the New Hampshire Cold Case Unit in a joint press release.

Investigators are especially hoping to talk to anyone who was in contact with Miller in December of 1996 or anyone “who may have seen her in the vicinity of the Londonderry Turnpike in Auburn during that time,” officials said in the release.

The newly released photo of Rosalie Miller, 36, who was strangled to death nearly 30 years ago. – Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall

“We are releasing this new photograph today because we believe someone out there has information, perhaps a detail they thought was insignificant at the time, that could be the key to solving this case and bringing justice for Rosalie and those who loved her,” Senior Assistant Attorney General R. Christopher Knowles, New Hampshire Cold Case Unit Chief said in the release.

The New Hampshire Cold Case Unit encourages anyone with any amount of information to contact the group at [email protected] or (603) 271-2663.