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A commercialized motortruck driver who was acquitted of causing nan deaths of 7 motorcyclists successful New Hampshire testified astatine a proceeding Wednesday connected his petition to reinstate his suspended license, while a lawyer for nan authorities said he still played a domiciled successful nan 2019 crash.
A assemblage successful 2022 recovered Volodymyr Zhukovskyy not blameworthy of aggregate manslaughter and negligent homicide counts stemming from nan collision successful Randolph that killed 7 members of nan Jarheads Motorcycle Club, an statement of Marine Corps veterans and their spouses successful New England.
Zhukovskyy, who came to nan U.S. arsenic a kid from Ukraine and had imperishable residency status, had his Massachusetts license automatically suspended successful New Hampshire aft his apprehension pursuing nan June 21, 2019, crash.
MASSACHUSETTS TRUCK DRIVER INVOLVED IN FATAL CRASH THAT KILLED 7 WANTS LICENSE BACK
Based connected his interviews pinch constabulary astatine nan time, "I thought I was nan 1 that caused nan accident," Zhukovskyy, 28, testified astatine a four-hour administrative proceeding successful Concord successful which he appeared via video. "I was for illustration successful a bubble pinch each nan pressure."
Prosecutors based on that Zhukovskyy — who had taken heroin, fentanyl and cocaine nan time of nan clang — many times swerved backmost and distant earlier nan collision and told constabulary he caused it. But a judge dismissed 8 impairment charges and his attorneys said nan lead biker was drunk and not looking wherever he was going erstwhile he mislaid power of his motorcycle and slid successful beforehand of Zhukovskyy’s truck, which was pulling an quiet flatbed trailer.
Zhukovskyy’s proceedings lawyers besides said location was nary grounds he was impaired astatine nan clip of nan clang and that constabulary did not make immoderate observations successful nan hours afterward suggesting he was.
Restoration of Zhukovskky’s licence would dangle connected whether hearings serviceman Ryan McFarland decides Zhukovskyy drove "in an unlawful and reckless manner" that "materially contributed" to nan accident, according to authorities law. McFarland took nan lawsuit nether advisement aft nan hearing. If he finds successful favour of nan state, Zhukovskyy’s licence could stay suspended for up to 7 years.
One erstwhile Jarheads personnel injured successful nan clang said retired against restoring nan license.
"You're each successful jeopardy of this feline driving again," said Manny Ribeiro, speaking pinch reporters aft Wednesday's hearing. "I cognize what happened that day. I was there."
Volodymyr Zhukovskyy looks backmost astatine nan assemblage earlier closing statements started astatine his proceedings astatine Coos County Superior Court successful Lancaster, N.H., Aug. 9, 2022. (David Lane/Union Leader via AP, Pool, File)
The manslaughter acquittal astatine nan clip drew beardown comments from Gov. Chris Sununu, who said nan 7 bikers "did not person justice," and from Attorney General John Formella, who said he believed nan authorities proved its case.
Zhukovskyy said astatine Wednesday's proceeding he 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 nan crash."
But David Hilts, an lawyer for nan authorities Department of Safety, challenged that account, based connected master reports. He said descriptions of wherever nan tires were astatine nan clip showed Zhukovskyy didn't spot nan motorcycle successful advance.
"The effect happened. He jams connected his breaks," Hilts said.
Hilts questioned Zhukovskyy extensively astir his supplier usage based connected nan constabulary interviews. The lawyer said successful his closing connection that Zhukovskyy did everything imaginable to not reply his questions astir supplier usage and impairment.
Hilts besides brought up anterior accidents Zhukovskyy was progressive in, including 1 18 days earlier nan Randolph crash. He said some Zhukovskyy and nan lead biker, Albert "Woody" Mazza Jr., materially contributed to nan crash. Mazza, 1 of nan 7 who died, had a blood-alcohol level of 0.135%, good supra nan ineligible limit of 0.08%, according to his autopsy report.
At nan time, Zhukovskyy’s licence should person been revoked because he had been arrested successful Connecticut connected a drunken driving complaint successful May 2019. Connecticut officials alerted nan 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 nan 2022 verdict, citing erstwhile convictions of supplier possession, driving pinch a suspended license, furnishing mendacious accusation and larceny. Zhukovskyy was taken from a New Hampshire region jailhouse to a national detention facility.
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Zhukovskyy’s migration lawyer requested asylum for his client. In February 2023, a judge ordered Zhukovskyy’s deportation. But it’s unclear nether really he could beryllium sent to a state astatine warfare pinch Russia. The U.S. has paused repatriation flights to Ukraine and authorized Temporary Protected Status for qualified Ukrainians.
