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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.
Local News
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.
“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.
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A Massachusetts man was flown to the hospital after he was struck by a car when he stepped out of his vehicle in the breakdown lane of Interstate 93 in Londonderry, New Hampshire, on Saturday morning.
State police say 40-year-old Felix Matos Medina, of Lawrence, had stopped on the right side of I-93 south at Exit 5 just before 11 a.m. to investigate a possible mechanical issue. He was struck shortly after he stepped out of his vehicle by a Chevrolet Malibu and sustained serious injuries.
Medina was taken by medical helicopter to Lahey Hospital and Medical Center in Burlington, Mass., police said. There was no immediate update on his condition.
I-93 southbound was closed near Exit 5 for about 30 minutes to facilitate the medical helicopter’s landing. One lane remained closed for several hours to accommodate crash reconstruction and on-scene investigation.
The driver who struck Medina, identified as David Jodoin, stopped at the scene and is cooperating with investigators, according to police. No charges have been filed at this time, but all aspects of the crash remain under investigation at this time.
Anyone with information that may assist the investigation is asked to contact Trooper Evan Puopolo at 603-451-9784.
State police are also reminding all New Hampshire drivers that Sherrill’s Law requires motorists approaching a stopped vehicle displaying warning signals to slow down and give plenty of space. Drivers are also required to move out of partially or wholly blocked lanes when it’s safe to do so.
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