On Tuesday, August 9, 2022, a jury acquitted commercial truck driver Volodymyr Zhukovskyy in connection to the deaths of seven motorcyclists in a gruesome 2019 crash that took place in New Hampshire.
All seven of the motorcyclists that were killed in the crash were aged between 42 and 62, belonged to the Jarheads Motorcycle Club, and were from New Hampshire, Massachusetts, and Rhode Island.
26-year-old Volodymyr Zhukovskyy, of West Springfield, Massachusetts, had been in prison since June 21, 2019 and was facing 15 charges in total. This included seven counts of manslaughter, seven counts of negligent homicide and one count of reckless conduct. He was acquitted on all 15 charges.
In the two-week long trial, the prosecution claimed that Volodymyr Zhukovskyy continuously swerved back and forth before the collision. Although prosecutors argued that Zhukovskyy had used heroin, fentanyl, and cocaine earlier on the day of the crash, a judge dismissed eight impairment-related charges against him.
The lead biker, Albert "Woody" Mazza Jr., was blamed by defense attorneys, who claimed that he was drunk and not paying attention to his surroundings, causing him to lose control of his motorcycle and slide in front of Volodymyr Zhukovskyy's truck.
As of late Tuesday afternoon, Zhukovskyy, who was born in Ukraine, remained incarcerated. When he might be released is unknown. According to Ben Champagne, the superintendent of the Coos County Department of Corrections, U.S. Immigration and Customs Enforcement issued an immigration detainer on him after the collision.
Volodymyr Zhukovskyy received a notice to appear before an immigration court, as per Immigrations and Customs Enforcement, and will remain in their custody until the conclusion of that appearance.
Reactions to Volodymyr Zhukovskyy’s acquittal
Following the verdict, victim Albert Mazza's father expressed his shock, saying that it was "unbelievable." He continued:
"It doesn't make much sense. There are seven people dead. There are seven families affected. It's strange that he didn't get something."
Meanwhile, Volodymyr Zhukovskyy's family expressed gratitude to the defense team for the "honest and fair trial." In a statement, they said:
"Our family expresses its deepest condolences to the family and friends affected by this tragedy."
They continued to describe Volodymyr Zhukovskyy as a "very honest and kind man" and claimed that he would "never have done anything to hurt anyone."
Republican Governor Chris Sununu lashed out at the verdict against Volodymyr Zhukovskyy and expressed his disappointment in a statement saying:
"I share in the shock, outrage, and anger that so many have expressed in the three years since the seven members of the Jarheads Motorcycle Club were taken from us. My heart goes out to their families, friends, and loved ones on this especially dark day."
Back and forth between the prosecution and defense over who was responsible for the crash
In their closing arguments on Tuesday morning, the two sides argued about the feasibility of accounts from Volodymyr Zhukovskyy himself vs. the eyewitnesses alleged to have given conflicting accounts.
A defense-hired expert testified that the collision was unavoidable and would have happened even if the truck had been in the middle of its lane, since Mazza's motorbike was traveling in that direction.
Public defender Jay Duguay also emphasized discrepancies between witness testimony and cited instances of witnesses contradicting one another. He suggested that the bikers "shaded" their accounts in order to defend Mazza and the group.
Meanwhile, prosecutor Scott Chase urged the jury to keep in mind that reports of the truck swerving back and forth before the collision were consistent with witnesses. Chase claimed that the pattern persisted "until he killed people."
Chase referred to Mazza being blamed as a "fanciful narrative" and emphasized to the jury that Zhukovskyy, who remained silent throughout the trial, told authorities, "Obviously, I caused the crash."
Chase said:
"He was crystal clear from the very beginning that he caused this crash. That is what he said, because that is what happened."
Due to an arrest for drunk driving in Connecticut about two months prior to the incident, Volodymyr Zhukovskyy's commercial driver's license should have been revoked in Massachusetts at the time of the collision.
The Massachusetts Registry of Motor Vehicles was informed by Connecticut authorities, but Zhukovskyy's license wasn't suspended because there was a backlog of out-of-state notices about driving offenses.
Federal investigators looked into the issue and discovered that at least six other states, including Rhode Island and New Hampshire, also had backlog issues.