Trucker acquitted in fatal crash and demands return of his license, but state says he contributed to crash

CONCORD (AP) — A 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 revoked driver’s 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 counts of manslaughter and involuntary manslaughter in connection with 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. from Ukraine as a child and was a permanent resident, had his Massachusetts license automatically revoked following his arrest following the June 21, 2019, crash in New Hampshire.

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

Prosecutors argued that Zhukovsky, who had used heroin, fentanyl and cocaine on the day of the accident, repeatedly back and forth before the collision and told police that he caused the collision. But a judge dismissed eight impairment charges and his lawyers said the lead motorcyclist was drunk and wasn’t looking where he was going when he lost control of his motorcycle and slid in front of Zhukovsky’s truck, which was pulling an empty flatbed trailer.

Zhukovsky’s trial lawyers also said there was no evidence that he was impaired at the time of the accident and that police made no observations in the hours afterward to suggest that he was.

Reinstatement of Zhukovsky’s license would depend on whether hearing officer Ryan McFarland concludes that Zhukovsky drove “in an unlawful and reckless manner” that “substantially contributed to the accident,” according to state law. McFarland deliberated on the case after the hearing. If he finds favor with the state, Zhukovskyy’s license could remain suspended for up to seven years.

A former Jarheads member who was injured in the crash spoke out against reinstating the license.

“They’re all at risk of this guy driving again,” Manny Ribeiro said, speaking to reporters after Wednesday’s hearing. “I know what happened that day. I was there.”

The involuntary manslaughter acquittal at the time drew heated 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 had proven its case.

Zhukovsky said at Wednesday’s hearing that he was driving around a crest on an east-west highway, saw a motorcycle coming his way and applied the brakes.

“He responded within seconds,” said his attorney, Earle Wingate III. “He didn’t cause the crash.”

But David Hilts, a lawyer for the state Department of Safety, disputed that account based on expert reports. He said descriptions of where the tires were at the time indicated Zhukovsky did not see the motorcycle in advance.

“The impact happened. He’s a lot of fun on his breaks,” Hilts said.

Hilts questioned Zhukovsky in detail about his drug use based on the police interviews. The lawyer said in his closing statement that Zhukovsky did his best not to answer his questions about drug use and impairment.

Hilts also brought up previous accidents involving Zhukovsky, including one 18 days before the Randolph crash. He said that both Zhukovskyy and the lead cyclist, Albert “Woody” Mazza Jr., contributed significantly to the accident. According to his autopsy report, Mazza, one of the seven people who died, had a blood alcohol level of 0.135%, well above the legal limit of 0.08%.

At that time, Zhukovskyy’s driver’s license should have been revoked because he was arrested for drunk driving in Connecticut in May 2019. Connecticut officials alerted the Massachusetts Registry of Motor Vehicles, but Zhukovskyy’s driver’s license was not revoked for impaired driving. State reports of traffic offenses. The Connecticut case is pending.

U.S. Immigration and Customs Enforcement arrested Zhukovskyy after the 2022 verdict, citing previous convictions for drug possession, driving with a revoked license, providing false information and theft. Zhukovsky was transferred from a county jail in New Hampshire to a federal penitentiary.

Zhukovsky’s immigration lawyer requested asylum for his client. In February 2023, a judge ordered Zhukovskyy’s deportation. However, it is unclear how he could be sent to a country at war with Russia. The US has suspended repatriation flights to Ukraine and granted temporary protected status to qualified Ukrainians.