Trucker acquitted in deadly crash asks for license back, but state says he contributed to accident

CONCORD -- A commercialized motortruck operator who was acquitted of causing the deaths of 7 motorcyclists successful New Hampshire testified astatine a proceeding Wednesday connected his petition to reinstate his suspended license, portion a lawyer for the authorities said helium inactive played a relation successful the 2019 crash.

A assemblage successful 2022 recovered Volodymyr Zhukovskyy not blameworthy of aggregate manslaughter and negligent homicide counts stemming from the collision successful Randolph that killed 7 members of the Jarheads Motorcycle Club, an enactment of Marine Corps veterans and their spouses successful New England.

Zhukovskyy, who came to the U.S. arsenic a kid from Ukraine and had imperishable residency status, had his Massachusetts licence automatically suspended successful New Hampshire aft his apprehension pursuing the June 21, 2019, crash.

Based connected his interviews with constabulary astatine the time, “I thought I was the 1 that caused the accident,” Zhukovskyy, 28, testified astatine a four-hour administrative proceeding successful Concord successful which helium appeared via video. “I was similar successful a bubble with each the pressure.”

Prosecutors argued that Zhukovskyy — who had taken heroin, fentanyl and cocaine the time of the clang — repeatedly swerved backmost and distant earlier the collision and told constabulary helium caused it. But a justice dismissed 8 impairment charges and his attorneys said the pb biker was drunk and not looking wherever helium was going erstwhile helium mislaid power of his motorcycle and slid successful beforehand of Zhukovskyy’s truck, which was pulling an bare flatbed trailer.

Zhukovskyy’s proceedings lawyers besides said determination was nary grounds helium was impaired astatine the clip of the clang and that constabulary did not marque immoderate observations successful the hours afterward suggesting helium was.

Restoration of Zhukovskky’s licence would beryllium connected whether hearings serviceman Ryan McFarland decides Zhukovskyy drove “in an unlawful and reckless manner" that “materially contributed” to the accident, according to authorities law. McFarland took the lawsuit nether advisement aft the hearing. If helium finds successful favour of the state, Zhukovskyy’s licence could stay suspended for up to 7 years.

One erstwhile Jarheads subordinate injured successful the clang spoke retired against restoring the license.

“You're each successful jeopardy of this feline driving again,” said Manny Ribeiro, speaking with reporters aft Wednesday's hearing. “I cognize what happened that day. I was there.”

The manslaughter acquittal astatine the clip drew beardown comments from Gov. Chris Sununu, who said the 7 bikers “did not person justice,” and from Attorney General John Formella, who said helium believed the authorities proved its case.

Zhukovskyy said astatine Wednesday's proceeding helium was driving astir a crest connected an east-west highway, saw a motorcycle coming successful his direction, and applied his brakes.

“He responded successful seconds,” his lawyer Earle Wingate III, said. “He did not origin the crash.”

But David Hilts, an lawyer for the authorities Department of Safety, challenged that account, based connected adept reports. He said descriptions of wherever the tires were astatine the clip showed Zhukovskyy didn't spot the motorcycle successful advance.

“The interaction happened. He jams connected his breaks,” Hilts said.

Hilts questioned Zhukovskyy extensively astir his cause usage based connected the constabulary interviews. The lawyer said successful his closing connection that Zhukovskyy did everything imaginable to not reply his questions astir cause usage and impairment.

Hilts besides brought up anterior accidents Zhukovskyy was progressive in, including 1 18 days earlier the Randolph crash. He said some Zhukovskyy and the pb biker, Albert “Woody” Mazza Jr., materially contributed to the crash. Mazza, 1 of the 7 who died, had a blood-alcohol level of 0.135%, good supra the ineligible bounds of 0.08%, according to his autopsy report.

At the time, Zhukovskyy’s licence should person been revoked due to the fact that helium had been arrested successful Connecticut connected a drunken driving complaint successful May 2019. Connecticut officials alerted the Massachusetts Registry of Motor Vehicles, but Zhukovskyy’s licence wasn’t suspended owed to a backlog of out-of-state notifications astir driving offenses. The Connecticut lawsuit is pending.

U.S. Immigration and Customs Enforcement detained Zhukovskyy aft the 2022 verdict, citing erstwhile convictions of cause possession, driving with a suspended license, furnishing mendacious accusation and larceny. Zhukovskyy was taken from a New Hampshire region jailhouse to a national detention facility.

Zhukovskyy’s migration lawyer requested asylum for his client. In February 2023, a justice ordered Zhukovskyy’s deportation. But it’s unclear nether however helium could beryllium sent to a state astatine warfare with Russia. The U.S. has paused repatriation flights to Ukraine and authorized Temporary Protected Status for qualified Ukrainians.