Randolph, NH, Big Truck Crash...Bikers killed. (2019)
 

For those of you out-of-state, there was a big crash not long after the Lakes Region's Bike Week ended.

In a double-yellow zone, it involved seven fatalities (maybe eight, including the truck driver). :eek:

https://www.msn.com/en-us/news/us/7-...cid=spartandhp

Practically in sight of the B&B they were staying in. :(

Just saw this on a FB post...damned tragedy.

Truck was towing a trailer which appears to have jackknifed into the bikes. The feds have been called in to recreate. Smart of Jackson and the state to let them handle it


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An absolute shame. No words to describe this.


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From another source: This group were Ex-Marines

On June 21st 2019 Jarheads MC was riding to a charity event at the local American Legion in Gorham, New Hampshire Post #82. Our pack was struck by an oncoming vehicle and we lost 5 patch holders and 2 supporters, and many others are injured

Tragic all the way around.

Sorry, but they were former Marines. Once a Marine always a Marine. Oorah!
And when they get to heaven, St Peter they will tell "Another Marine reporting, Sir. I've served my time in Hell!"

WMUR is doing a good job of keeping up with the story.

What is known so far: accident involved ten bikers, heading eastbound, 500 feet from where they were staying. The bikers were part of the Marine Jarhead Motorcycle Club, having a reunion in Randolph. The truck was an auto mover from Massachusetts, heading westbound. Investigation is still underway, but it appears to be distracted driving on the truck's part, possibly speeding as well. It was along a stretch of straight road, so no turns were involved. Seven bikers dead. Two treated locally and released. One was med-evaced to Maine and is critical condition.

I road this route with a group yesterday. There were many groups of bikers, antique cars and even a convoy of tractors bobtailing. Local law enforcement did an outstanding job halting traffic traveling East on Rte. 2 so the groups of riders could merge onto Rte. 2 and stay together.

As music man stated, this is still under investigation.... but, I can assure you that this did not happen on a stretch of straight road. The bikes traveling East had just crested the top of a hill, the truck had just rounded a bend in the road on an uphill climb. There was not even a 100 yard view of the road in either direction. You could clearly see where this accident happened by the burned grass on the side of the road and the fluid remains on the pavement in the travel lanes.

Saw on this morning’s news that the truck driver is being charged with 7 counts of negligent homicide. He also has a DUI record with the latest infraction a month ago. I hope he spends many years thinking about the pain he has caused.

This site won’t be for everyone, but his information is spot on

https://turtleboysports.com/westfiel...tting-corners/


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Absolutely agree he should have NEVER been hired with his driving record. I had 50 drivers on the road who were heavily screened for drug use and safety with random drug testing and I had them all on a DMV service that immediately notified me of any DMV violations.

Safety first and this tragedy would have NEVER happened. Thoughts and prayers to the families of those involved.

I hope he's doing his thinking from jail.

I hope the politicians who make the rules on drivers' licenses spend many years think about this, but just a few weeks deciding to do something about letting guys like this behind the wheel at all. How many DUIs does it take to lose your license?

Seriously, how many times do you hear about a crash like this all over the country only to find out the driver has multiple previous suspensions or convictions.

The issue with the drug testing too is the DOT is a 5 panel drug test... Even today most companies do I believe a 10 panel for pre employment, so they could be high as a kite as long as it isn't those top 5 drugs. I always thought that was dumb.

We did the 12 panel random test. But more importantly to me was the constant dmv monitoring on all dmv renewals, suspensions, infractions etc and this system was updated within 24 hours.


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And it begins

Head of Mass RMV Erin Deveney resigns over tragic NH fatal crash case
https://www.bostonherald.com/2019/06...al-crash-case/
(Via Boston Headline News)


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First, my heartfelt sympathies to all the families that lost loved ones, without question a genuine tragedy.

Second, and the jest of my thoughts. But I can't help wondering why she resigned. Are we going to find out more in the next few weeks something else? Granted innocent until proven guilty, but is there more to this story about how this person was still driving after what has been reported on the news. Is this going to be one of those stories like the Ma. state police overtime scandal that seems like a lot of folks tuned a blind eye to. Or lead in drinking water in Detroit among other things that seem to happen in large state agencies. Or is it the way things go these days if you are connected. Something seems a little off here but can't seem to find just the right words to describe it.

My hope is that she was forced to resign as a matter of accountability. She allowed a grievous error to occur, she's paying the price as the top proximate official. Good. Now the new boss will implement systems to make sure the mistake is not repeated.

I agree & hope you are correct, and that is all that this is. But, I thought that all these systems were already in place, for lack of a better term, how did they get short-circuited on what appears to be maybe more than one occasion.


As WinnisquamZ wrote "And it begins" ........ Just wondering out loud, what is the end on this story.

Just another smaller, version of “the swamp” that will always be present as long as politicians work for themselves and not the electorate. Very difficult to “drain”

One-Man Crime Wave...
 

Driving drunk—underage: Nothing happens.

In possession of a crack pipe: Nothing happens.

2013 Larceny of Home Depot Warehouse: Nothing happens.

Wallet left at gas station, contained heroin and cocaine packets: Nothing happens.

Flipped 18-wheeler in Texas, another crack pipe: Nothing happens.

Arrested in Texas one month ago, gave fake name: Nothing happens.

May 11, crashed into brush, fails sobriety test in parking lot, arrested:

Connecticut RMV notifies Massachusetts RMV—Receives acknowledgment...Nothing happens.

June 13th, Lane infraction: Nothing happens.

➼ Something Happens! :eek:

60 hours after NH wreck: Nothing happens.

➼ Arrested in Massachusetts, heroin and cocaine found in home... :rolleye1:

We will never take impared driving seriously in this country. In Europe, you get significant jail time and long term license revocation after your second offense. No plea bargaining and no special deals. The reason why we won't take it seriously: most of our legislators are lawyers and many of them are drunks.

Many suspensions and suspended jail time, hardly nothing happened.
 

From story on NECN
https://www.necn.com/news/new-englan...N-5obO4EZ-iu34

'In all, Zhukovskyy served at least six license suspensions in Massachusetts after obtaining his license in April 2013, though some of the sanctions overlapped, according to records provided by the Massachusetts Registry of Motor Vehicles. He also completed two safe driving education courses through the National Safety Council.'

Ever notice that when a public official reigns in disgrace they simply retire early with 10K monthly retirement payout plus benefits such as the deputy sheriff in Broward county that stood by as children were shot.
Even Blagojevich...the Chicago mayor in prison for corruption is getting his big payday each month.
In the real workplace if you screw up....you're fired.No bennies from the taxpayers.
Sorry to hijack this serious discussion.......heartfelt sympathy to the families and victims

You summed up exactly why these people want to take office. The benefits, not to assist the public.


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For towing a big, long, heavy, old(?), goose neck trailer like that, the tow vehicle should be a dually with four wheels in the back, and it probably was a dually for a transport company hauling cars with cdl drivers ...... but we don't know this for sure .....maybe it was a Dodge Ram 2500 pickup with four wheels as opposed to six wheels?

Having six wheels is more solid with better control ..... less swing and sway especially when the goose neck trailer is empty.

A loosie-goosie trailer driven by a loosie-goosie driver can be a double-bad loosie-goosie combination?

It always seems to amaze me how you love to inject your twisted sense of humor at every opportunity when ever there is a an event causing great suffering.

Unfortunately , I believe there is more to this story. Hopefully it won't be covered up...

Exactly! what I was thinking.

.... there's no humor in that comment .... do not deserve your wrath .... it's could well be a loosie-goosie truck, goose neck trailer combination, driven by a loosie-goosie driver which makes it a double-bad loosie-goosie situation ..... where's the humor here? ..... ain't noth'n funny about it ...... all driving should be taken very seriously ..... and especially for truckers!

Words matter. Using "loosie-goosie" and blaming the machine on a thread about a criminal driver killing a bunch of motorcyclists is abhorrent.

I hope this guy, and anyone negligently involved, gets slammed. I also hope the companies, and the people who knowingly employed him, are destroyed.

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Not letting RMV off the hook at all but the employer has a tremendous amount of culpability. If they used a license monitoring service or even ran his RMV record on a pre employment check they would have never hired him.


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I agree! Also the trailer that truck was towing was way too big and heavy for that truck, most likely not legal whatsoever! DOT will be involved and this is going to come back and bite that company in the a** as it should!

Both he and his irresponsible company should be put out of commission for good!!

Dan

APS;

Your summary of events really put this unfortunate event into perspective and how irresponsible many parties were to even let this punk drive.

Thanks for taking the time to put this post together as you did!

Dan

.... could be a Ram 2500 dually w/ 6-wheels or a Ram 2500 w/4-wheels ..... do not know?

.... truck management knows who is the good driver and what is the less good truck/trailer and maybe gives to the less good driver the lower quality rig .... isn't that the way it usually goes .... could be it was a 4-wheel pickup towing the goose neck trailer ..... is still unknown?

Dodge Ram makes a 3500 pickup which can be a dually, so's maybe this 2500 was a 4-wheeler and too small for this goose neck tow ..... is an unanswered question.

Spot on dan. That trailer looked way to big for me on that truck. All kinds of issues surround this case including ICE now being involved. Kid never should have been driving. The woman at the registry surely got canned but aside from that I hold the owner of the company accountable for hiring him. But aside from that there hasn’t been a day gone by when I haven’t thought of those that died and the families they left behind.

Yes, these were good people, veterans, family members, who were out enjoying life. One useless punk in a matter of seconds takes their life away.

As a prior Marine I can tell you this tragedy has really upset me...

Dan

It takes about two seconds to figure out that driving a motorcycle is more dangerous than driving a car. Just one fast look at the two, car and motorcycle, and you realize this safety issue.

Driving in New Hampshire will never be a perfect, totally safe experience ..... bad stuff can happen?

According to https://en.wikipedia.org/wiki/Motorcycle_safety ..... In 2016 the risk of death was 28 times higher driving a motorcycle than a car.

If you think about this ..... 28-times is a very big difference .... a huge difference.

Motorcycles look very dynamic and are very fun to ride but are way more deadly ..... 28-times .... than driving a car.

Noodle Brain
 

This accident had NOTHING to do with the motorcycles FLL!! The "homicide" of seven innocent people was totally the cause of one drug addicted drunk p.o.s. who should have never been behind the wheel to begin with. There is no other way to look at it!!

Dan

It's also likely that if a car were in the same position of those bikes at the time, the occupants would have suffered a similar fate.

That driver will never have to pay the FULL price for his actions which is criminal in of itself. The trailer was far too big and heavy for a 2500 Dodge with single rear wheels! How ever I haven't heard any LEO or dept mentioning a bill of laiding so he was hauling something which brings the deep pockets into the criminal act as well. Either way we can't bring them back and my heart goes out to the families and loved ones of those we lost.

Should have been sent back
 

Shouldn’t someone who’s here on a green card have been kicked out after his first or second infraction? I don’t know how someone like that gets a green card but that’s a privilege and should be revoked if the person breaks the law.

As of this afternoon he has an ICE detainer

All I can say is WOW.... Six license suspensions at any age is outrageous, let alone for someone so young.

I have always had an issue with sentences being served "concurrently" and that is something that I was talking about the other day. If convicted, this guy needs to serve 7 CONSECUTIVE sentences. Anything short of that is equally outrageous.

As an aside, I worked in Gorham this week and on Wednesday when I drove by the scene there was a company putting up seven 6' +/- crosses at the crash site. Very nice gesture. Today when I drove by, the state has put up 2 of the roadside smart signs warning traffic to SLOW DOWN, "possible road side activity ahead" Kudo's to the state for being proactive and allowing loved-ones to visit the scene.

Have to wonder if he would jump at the opportunity to get deported back to Ukraine from the Coos County House of Correction, Stewartstown, NH, which is very close to the NH-Canada border as opposed to being a prisoner at the NH State Prison in Berlin for the next 15-40 years?

Does he deserve a death, execution, penalty?

Could be the truck was too small, the trailer was too big, the Massachusetts DMV process was too slow, and both the driver and transport company management was no good. Could be something like an uneven asphalt, winter frost heaved road surface is partially to blame, too?

Probably, he would rather be back in the Ukraine ....... in a Ukraine prison?

Neither! I'd give this guy a tax payer paid one way plane ticket to the North Korean prison system. They seem to know how to deal with scum like this, and that to me would be a fitting end to this guy. A comfortable life behind bars or death here is not fitting enough for my taste. Send him back to Ukraine will do nothing, he'll be back crossing the southern border again in no time since we have no appetite to stop the flow of people into this country.

I think we’re stuck with him until he finishes serving whatever time he gets. Then we should send him back and take our chances that he doesn’t sneak back in.

Drop him off at the local VFW!


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Can It Get Worse?
 

Three more arrests found by Boston Globe:
Ohio and Iowa.

:confused:

There has been a number of follow up stories since this tragedy the past few days. Some what notable was/is the reports from Massachusetts that no one was monitoring the incoming mail in this section of the registry, probably another one of those 100,000 dollar a year jobs that you really don't have to show up for.

Tonight's news mentions the first lawsuits have also been filed. Naming the Trucking company and the Massachusetts Registry of Motor Vehicles.


WMUR: Memorial ride for Randolph crash victims.

https://www.wmur.com/article/thousan...ctims/28265583

I know one of the survivors has formally filed against the trucking company,however they are still looking to see if they can sue the state(RMV) which I think is one of MA laws not allowing it I think there is a tort law statute that limits litigation to 100,000

http://wcvb.com/article/gov-baker-up...302780?src=app


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Expect delays Saturday during/at the start of the memorial ride. WMUR reporting Thousands expected to participate in ride to honor victims of Randolph crash.

Travel will be most affected in the Lakes Region from 10 a.m. to 2 p.m. and in the Gorham area from 3 to 5 p.m. There could be some ramp and lane closures on Interstate 93, officials said.

Full story: https://www.wmur.com/article/officia...len-7/28302254

... seven miles uneven Rt 93-nprth
 

Turning right from Route-104 onto Rt-93 north ...... the road has been getting re-paved for the last month or so, on both north and south sides?

As of Thursday night, July 4: Rt 93-north from exit-23 to exit-24, a distance of about six miles, had uneven lanes with about a 3 or 4 inch higher pavement on the left lane due to road re-paving.

The right hand lane was scarfed in preparation for new asphalt, and the left hand lane had brand new asphalt about 3 or 4 inches higher up which might be a hazard for motorcycles?

Thaat was a day and a half ago?

Over 2500 bikes! With thousands more waving them on. NH and the Lakes Region showing the country who we are!


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It was a well done event and a nice tribute. The Broken Spoke did a great job hosting the start of the ride.

Drone video as they came through Meredith, turning off Pease Rd. Onto 104

<iframe width="854" height="480" src="https://www.youtube.com/embed/WbFpY9ONsMQ" frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

https://youtu.be/WbFpY9ONsMQ

Thank you


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"It appears that until recently there was an institutional belief that this was not a serious safety problem."

July 30, 2019: https://www.wbur.org/news/2019/07/30...nse-violations

As you probably know, Massachusetts now has a population of 7-million, and New Hampshire has a population of 1.3-million, and it sure seems like New Hampshire has a lot better grip on its' driver safety enforcement. Just having a smaller sized population is a big plus, here.

No information yet as to whether the driver was texting or drunk or on drugs or both, at the time?

No information yet whether the Ram-2500 was a 6-wheel dually or a four wheel truck.

Bottomline, is that this guy shouldn't have been driving commercially.....

The RMV in Massachusetts, has always been a mess. And hopefully this will bring about some much needed change. Back in the 80s they use to send "Registry Cops", which where fully dressed and outfitted State Police officers, out with Kids for their driving tests. Those same cops used to believe they where untouchable, and had been known to put there hands on their fire arms, and threaten people when they disagreed with Registry employees. (ask me how I know).....Fortunately that calamity has been straightend out, and registry cops are no longer.

But now the adminstration, needs to clean up its act. Hopefully this will lead to some more resignations, or firings of top Mass. RMV officials, and the Governor will put people in place, with instructions to start cleaning the mess up.

There is no reason, that this should have happened. The RMV has done nothing but reduce their work load, you rarely need to go to the registry if you are a AAA member... To many people making to much money, and not doing their jobs!!!!!!!!!!!!

Oh yes, I am a Massachusetts resident, who is deeply sadden by the events that led to this accident

Also keep in mind that this truck was registered in MA traveling across state lines to the driver and vehicle are subject to USDOT regulations in addition to state regulations.

No disagreement here. For years this has been a place for the (political/hacks/patronages) a place to hang out while collecting a pay check. I would not be surprised if most of them were no shows at work.


I'm really wondering if they will really dig into what really happened here.

A few days ago when they started reporting on this once again. I guess from what I had seen, most of the people that were supposed to testify did not show up.

Ultimately, I believe it is a USDOT regulation that states that once a driver is convicted in one state of an infraction that removes their eligibility to drive, that from a commercial perspective, that infraction removes their right to drive in all states.

The problem here, is that the driver had a Massachusetts Drivers license, which the State of Connecticut can't take from him, or revoke his ability to drive with out proper action from the Massachusetts RMV. Because the Massachusetts RMV didn't properly respond, there was no way for a company to recognize that this guy had a DUI conviction.

Now to put further spin on this, how many drivers have speeding tickets, or failure to stop, tickets in other states, that haven't been updated in the RMV records, causing them to have higher insurance premiums?

This isn't just about this one case, its about many cases and the process that is supposed to exist.....

Massachusetts RMV has screwed the pooch here, If the state doesn't continue its investigation, and then act upon its findings, then the negligence isn't just an RMV issue it is a State issue... The state doesn't want that, because then the USDOT become involved...

WHile the accident is horrible... the results from the accident should bring about some change here in Mass.

That was the action of Michael Dukakis. (D-MA) The State Police did not support his election and in fact spoke out against it. As retribution for the lack of support Dukakis merged the Capitol Police and the Registry Police into the State Police. A move that the State Police union was very much against.

No surprise...
 

Drugs were involved, of course.....

https://www.boston.com/news/local-ne...sh-report-says

Records Fraudulent, RMV Incompetent...
 

There is a question as to his legal status as a U.S. citizen. The Feds had granted him a "green card".

Meanwhile, his Springfield, MA, trucking company (owned by a couple from the same foreign region) has been Federally charged of "cooking the books" to keep their drivers on the road longer:

https://dailyvoice.com/massachusetts...effort/804047/

Old post, but apropos today!
 

I couldn’t agree more....get him outta here...North Korea sounds just plain perfect. For good measure, include the truck company owners who were complicit. No mercy!

What a surprise verdict of NOT GUILTY on ALL CHARGES against truck driver, Volodymyr Zhukovskyy, with the blame for the collision directed at the lead motorcyclist who was drunk and crossed the center yellow line ....... OUCH! ..... what a shocker! ...... totally holy moly ...... can you believe it! ..... :eek: .... like o.m.g! .... and jump'n Jehoshaphat!

Raw video: Volodymyr Zhukovskyy found not guilty at trial .... http://www.wmur.com/article/raw-vide...uilty/40850325 ... and the jury only deliberated their decisions for 2.5-hours so these were speedy decisions for the Coos County jury.

There were 15-charges against him; seven counts of manslaughter, seven counts of negligent homicide, and one count of reckless conduct.

http://www.concordmonitor.com/jury-d...trial-47539765 ..... read all about it!

Deport Him to Defend Ukraine from Invasion...
 

It just occurred to me that if a prospective jurist had read the following, he/she would be rejected from the jury:

Knowing his criminal history "prejudices" the jury.

So, after three years locked up in jail, the killer collision happened June 21, 2019 in northern New Hampshire, the defendant is tried in court and quickly found 'not guilty' by a Coos County jury?

https:///www.wbur.org/news/2022/08/0...er-biker-crash ...... August 9, 2022

So ApS ...... you started this thread on June 22, 2019 ....... so, how the heck can this happen here in New Hampshire on August 9, 2022 ? ... :patriot:

https:www.nhpd.org/offices ...... Attorney Jay Duguay, New Hampshire Public Defenders, Littleton NH

You know what ..... WBUR is totally and completely responsible for this ridiculous verdict and must be de-funded! ..... :eek2:

'Long 3 years: Trial to start in deaths of 7 motorcyclists' ..... https://www.newstribune.com/news/202...n-deaths-of-7/ ...... July 23, 2022

Did not see that coming....
 

...I was totally shocked when I saw that headline yesterday. For the guy to be acquitted on ALL charges, in a relatively quick deliberation, the prosecution must have botched the case or the defense was stellar.

Sounds like a lot of conflicting info and that prosecutors hung their hats on the horrible outcome rather than what actually happened.

“From the beginning of this investigation, the state had made up their mind about what had happened, evidence be damned,” said Duguay, who also highlighted inconsistencies between witness accounts or when witnesses contradicted themselves.

In particular, Duguay suggested that the bikers “shaded” their accounts to protect Mazza and the club. Prosecutor Scott Chase acknowledged some inconsistencies, but asked jurors to remember the circumstances."

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I’m sure that this verdict was a traumatic outcome for family and friends. I also believe that the members of the jury did their best to adhere to the judge’s instructions.

If the standard of proof was preponderance of the evidence, as in a civil trial, then the verdict probably would have been guilty. And that is how most of us would look at it. Guilty! The issue is that no one knows for absolute certainty the real cause. While the truck driver was most probably at fault, the defense argued just enough uncertainty such that the beyond a reasonable doubt proof standard was not met in the eyes of the jury.

Alan

Unfortunately...

The State did not meet the burden of proof and the intoxication charges were dismissed... When that happened, the jury can no longer consider the intoxication level of the truck driver, however the intoxication level of the lead biker was admissible.

Woodsy

Must add the state did three re-enactments of the accident and in each case the truck never crossed over the yellow line. We all feel terrible about this accident, however the state was unable to prove the truck was solely at fault.


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Who you gonna believe? In Russia ..... https://understandrussia.com/dash-cams/ ..... is very common for cars to have a car camera on the front of the inside rear view mirrow.

Here in New Hampshire ..... the accused defendant got locked away in jail for thirty seven months, over three years, before going to trial ...... and then found not guilty! Does jail time come with available wifi internet service and a lap top? What the heck does one do while locked up in jail for 37-months?

For $24.99 at Walmart you can get a FHD 1080P Dash Cam ..... https://www.youtube.com/watch?v=K2NKPdygn7g .... anyone have a really cheap dash cam recommendation for $25?

Driving a motorcycle ..... https://wikipedia.org/wiki/Motorcycle_safety .... is supposedly 28-times more likely to have a fatal crash than a car so all things considered is safer in a Subaru than on a Harley Davidson ...... a lot safer!

I remember when this accident happened and the media coverage of it. I drove north and visited the depressing scene.

I remember thinking the truck driver was guilty as hell and would never be free again during his life.

The media reported things the jury was not allowed to hear because those historical items in this guy's life could not be admitted in the court-of-law. It could only be disclosed, by the media, in the court-of-public-opinion.

Now, reading the details of the case, the outcome makes legal sense...But WOW!!!

Terribly sad, and I have not doubt the truck driver belongs in jail in the general sense. But a 2.5 hour verdict is blazingly fast, and a sober (at the time time) truck driver, and a drunk biker, make it very understandable. The case is an important reminder that we should not jump to legal conclusions before all the facts are in

Or...

That facts of the case tell a different story than the public was led to believe.

I get it.

Veterans killed, multiple offender druggy FROM ELSEWHERE... what's not to hate?

What if it was our truck that mixed it up with a lead bike that strayed across the line?

We could feel horrible for being in the wrong place at the wrong time but it wouldn't be our fault.

The truck driver is a criminal.

Let's deport him or send him to jail for any convictions he can receive.

So this innocent man was wrongly incarcerated for three years.

Were I him I'd now sue the socks off the authorities for this.

I think him saying on the record that he caused the accident is enough to have kept him in prison until the trial was over.

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I think you are correct...
 

...I've been on a jury only once and that was a civil case, but the judge set the parameters of what evidence we could consider in our deliberations. Sounds like that was the case here too...you have to decide guilt or innocence within those boundaries. As someone posted earlier, there's the court of public opinion and the court of law...

Now that the criminal trial is over, watch for the civil case to be brought by the affected parties and their relatives. The burden of proof is significantly lower.

However, any judgement would depend upon the insurance and assets of the driver, the truck owner, and any uninsured motorist coverage held by the motorcycle operators. The attorneys will do an extensive asset search as part of their due diligence to determine what financial recovery is available.

So, now that this court case has described the lead motorcyclist as driving drunk and crossing over the center yellow line, seems that Zhukovskyy could countersue the lead motorcyclist's motorcycle insurance policy for his three years incarceration time in NH jail.

What caused this collision? ..... http://www.nbcnews.com/news/us-news/...sion-rcna42510 ... Aug 10, 2022 by Associated Press ...... So, who is at fault? ...... there is NO video?

With 77-different state liquor stores, excellent selection, and low low prices, the NH State Liquor Stores are the biggest interface between NH state government and NH state residents so's maybe the dead motorcyclists can sue the NH State Liquor for having such low prices and great selection! So, what caused this collision ...... speed, alcohol, drugs, and inattentive driving, crossing the CENTER YELLOW LINE all mixed up, together with everyone involved? ...... :patriot:

Motorcycles
 

The machine is not dangerous as a powerboat is not dangerous. As with a boat, the driver can introduce danger into the picture with altering substances and how they drive. Motorcycles are small and nimble enough to avoid some accidents, but like the young man in Moultonboro hit by a vehicle secondary to a crash in front of him, the consequences are far worse. The State of NH Safe Rider course is excellent and very applicable to driving cars safely as well.

The verdict to this surprised me... for a jury to decide this quickly, authorities must have done something terribly wrong against the defendant.

Unbelievable
 

Correct!! it was reported that he admitted to causing the accident.

It was also reported that he admitted he had gone over the yellow center line.

It was also reported he had taken heroin, fentanyl and cocaine that day.

Also reported is he had three prior convictions of charges that included Possession of Cocaine and Heroin, Possession of Drug Paraphernalia, Driving Under Suspension, Furnishing False Information to an Officer and Larceny.

It was also reported he had previous OUI charges in 2013 in Westfield, Massachusetts, and in Connecticut in 2019.

How did this all get dismissed and suddenly he is innocent of all these charges / accusations???

Innocent??...Really?

Dan

“It was reported” tells you everything you need to know. No one is saying he had no responsibility in the accident. However, the state was unable to prove he was solely at fault. All this talk of civil suits is rubbish. He is sitting in a cell as I write being held by ICE. Awaiting a deportation hearing. Which will come after he answers to the driving charges in MA and then Conn.


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Blood tests and reconstruction of the accident.
Previous charges or convictions cannot be used to determine guilt in the current incident.

As a Ukraine citizen he HAS temporary protected status for deportaion from the U.S.A. to Ukraine, effective April 19, 2022 to October 19, 2023 .....http://www.federalregister.gov/docum...otected-status ...... this is getting complicated ..... meanwhile, after 37-months locked up in a northern NH jail he most likely is off-the-drugs .... maybe permanently?

So what the heck does one do to pass the time while locked up in a northern NH jail for 37-months? Does the jail have wifi and computers and tennis courts?

Based on the outcome if the trial would the civil suit be brought upon the family of the motorcyclist that was drunk?

Truck driver seems like a real scumbag, but from what I read the biker caused the accident.


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While "it was reported" does not make it fact, it sure sounds like these allegations were dropped because of some legal loophole. I could be wrong...His prior record, convictions and previous multiple DWI offenses is enough for me to say he is a repeat offender...and I dont like him!

Dan

His blood test should be made public especially if he had no drugs in his system as has been stated time and time again.

His prior convictions certainly can be used if he decided to testify on his own behalf (not sure if he did in this case). In this instance, A jury will certainly look at and take into consideration prior offenses unless ordered not to do so by the presiding judge because of some legal reason or loophole. A repeat / habitual offender will also be sentenced more harshly than someone who has a first offense conviction.

Dan

Very difficult case, not open and shut.

ABC News: "An expert hired by the defense testified that the crash happened on the center line of the road and would have occurred even if the truck was in the middle of its lane because Mazza’s motorcycle was heading in that direction."

Hmm . . . Sounds like the opposite could also have happened: The crash would have occurred even if all the motorcycles were in the middle of their lane because the truck was headed in that direction. Or would Zhukovsky have had time to swerve back into his lane and avoid a crash if the motorcycle had not struck his left front tire? We will never know that. My reading of the defense's reconstruction team's report is that the motorcycle hit the truck's tire first, while BOTH were on the center line. Apparently the state police retracted their first interpretation of what occurred.

Prosecutor: "Witnesses were consistent, he argued, in describing the truck as weaving back and forth before the crash. That behavior continued 'until he killed people,' Chase said.'" . . . "The only thing that stopped him was an embankment after he tore through a group of motorcycles."

The crux of the case: "The judge threw out the charges related to driving under the influence. Police never questioned Zhukovskyy’s sobriety at the crash scene and the judge ruled prosecutors had failed to prove he was impaired." Zhukovsky's blood was drawn two hours after the accident. "Donna Papsun of Pennsylvania-based NMS Labs said Monday that [heroin] was found in an amount 'below the reporting limit,' the concentration of substances that can be measured accurately."

If the decision in this case was wrong, the blame seems to rest partly with the prosecutors for not showing that Zhukovsky was impaired. However, it's not likely that an officer would arrive on the scene of that catastrophic crash and immediately get a sample of Zhukovsky's blood. Not at all surprising that it took two hours to get a sample.

Jurors can only decide a case based on the judge's instructions. In this case, the judge had already dismissed the DUI charges, so that could not enter into the jury's decision. Given that the judge ruled that the state didn't prove its DUI case, and the lab said there were not enough drugs detectable to prove impairment, who are we to say the opposite? At this point, no one knows or can prove whether Zhukovsky was impaired at the time of the accident. We only know that he was not impaired two hours after the accident. We do know that the motorcyclist was impaired at the time of the accident.

Clearly there was mutual fault on that day: drunk motorcyclist, possibly or probably impaired truck driver, both on the center line at the same time. "Possibly or probably" isn't enough to prove a case. If the motorcyclist hadn't been drunk, perhaps he could have taken evasive action.

Judgments can only be based on provable evidence, and the evidence was lacking in this case. That doesn't mean there never was any evidence; it only means that the prosecution was unable to produce the evidence, for whatever reason---because Zhukovsky actually wasn't impaired, the state police failed to collect the evidence in time, or the prosecutors were incompetent, it's impossible to say.

In that scenario, our justice system favors the defendant, who is innocent until proven guilty. I'm sure we would all want that protection of the law in our own cases. Some people are not satisfied with the verdict because "not proven guilty" does not mean that someone is actually not guilty and they suspect that Zhukovsky actually was guilty (as do I). We will never know in this case due to the lack of critical evidence about his impairment. We have to accept the outcome anyway, because a system based on "guilty until proven innocent" is not how our democracy works and none of us would want to live under that system.

Emotionally, I'm not satisfied with the verdict, but I believe it was the only legally defensible outcome due to lack of evidence presented in court. I think the jury made the right decision and that Sununu should have known that and not expressed a personal opinion on the case. The reason that people are upset is that something horrible happened that was clearly due to human error, and justice demands that serious human errors be punished. But first you have to prove the cause of the error and that did not happen in this case.

Quotes above taken from various news reports.

Prior offenses would only be used for sentencing.
The ''public'' doesn't decide the case... the jury does. It found him not guilty.
Pretty sure that the jury had access to blood tests and accident reconstruction data.

With no seat belt, no airbags, and no 3000-lb steel car surrounding you, motorcycles are high risk ........ how much high risk? ...... twenty eight times more FATAL risk than driving a car according to www.wikipedia.org/wiki/Motorcycle_Safety

Like, what do you get from driving a motorcycle that you can't get from hiking up and down a NH mountain? .... :D

And, regardless whether the defendant goes to prison for life or goes totally free or goes back to Ukraine...... the fallen-7 are still fallen ..... June 21, 2019 ..... dead is dead is dead .... and riding a motorcycle is 28-times more likely to become a dead end.

OK, sure. That is what OJ thought too, before he lost the civil suit.

You can sue anyone. It doesn't mean you will win but nothing stops them from filing a suit if they think they have a chance to prevail.

If you would of read my post thoroughly, I said, "not if he took the stand to testify on his own behalf". The prosecuting attorney could of brought up and used his prior offenses against him as a "pattern of behavior" tactic to help determine guilt just like they tried at the Kyle Rittenhouse trial... But like I said previously, I'm not sure and highly doubt he did testify considering the outcome!

From what I have read and maybe misunderstood, the blood tests were thrown out for whatever reason...


No need to reply as I'm done on this...

Dan

. It was determined that his blood tests came back under the minimum.

So, the war in Ukraine with neighboring Russia has caused the U.S. Immigration Dept to effect a temporary deportation ban through October 19, 2023 for Ukraine residents. Volodymyr Zhukovskyy, no longer an accused defendant, is age-26, military fighting age, so possibly he can choose to return to Ukraine to enlist in the Ukraine military to fight against the invading Russian Army.

He is presently, August 12, 2022, locked-up somewhere in Pennsylvania at a federal detention facility awaiting deportation back to Ukraine which is apparently on hold due to the TDB, temporary deportation ban for Ukraine citizens. Living in Massachusetts since age-10, he is a citizen of Ukraine?