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?

Folks everyone is getting carried away here.... We live in America....

First there are always two trials...

The trial in the Press, where the press is never really held accountable, if they report incorrect assumptions as facts....

Then the Trial in the court room, where things are scrutinized. Which can end up in a complete contrary verdict, that doesn't agree with what the Press lead us to believe......

The laws and rules of this country where applied, a Jury provided a decision, we need to be done with this... Not continue to argue over what is write and what is wrong....

Just as the jury did with this bum of a defendant, let's be fair to the press and also hold ourselves accountable.

No one on this forum has cited any incorrect reporting. (A person's memory of an article from years ago does not count.) The LDS reporting has been excellent, especially for a small paper without a lot of resources. If I'm wrong here, I look forward to a link correcting me.

All of us, myself included, were ready to lock this guy up just based on his past behavior. That's on us, nobody else

Boatbottom952
 

I guess boatbottom952 felt it necessary to send me this by PM….

“Don't stop crying and taking your ball home with you. You were WRONG, so stop crying and move on. You entitled little ones make me laugh.”

Somehow I’m “entitled” “crying” and “I’m taking my ball home” because I asked John Mercier not to bother to respond as I was done on this topic. The only reason I said that is unlike some, I don’t need or care to get the last word in on any topic. This is just an Internet forum that’s supposed be somewhat fun, and relevant to the lake.

Always love people who hide behind screen names and send nasty PM’s to other forum members anonymously acting like a tough guy…

Well broadbottom I’m not going anywhere and you should stop playing on your mothers computer!:rolleye1::laugh::laugh:

Dan

How is this tool still a member after going after Sue and admin learning that s/he has two other usernames that also have been unforumlike?

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Nicely stated LI! This was a tough one for me being both a former Marine and semi retired biker it hit close to home… But yes I agree and as I stated previously, I am done with it.

Now why did I reply??..:eek::eek:

Have a great weekend!

Dan

Hi Dan,

You're right--this BS should see sunshine...

A couple of weeks ago I received an email alert that I had this PM from Boatbottom:

"It really isn't any of your Business. Focus on changing your state of Mass. Gunstock is not your concern."

The message was not in my Forum box when I checked, so I figured Boatbottom or Don had axed it, and I just decided to let it go.

But this guy needs to stop harassing people, and maybe if we all share this stuff it will end

For those of you wrestling with the “ beyond a reasonable doubt” concept, ask yourself one question: which is worse….convicting an innocent person to jail, or letting a guilty person off. ?

That depends—does the person have an extensive criminal history, including drug and alcohol charges and a license that was supposed to have been revoked as a result of previous offenses?

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Cowardly creeps
 

It’s really pathetic, but I have observed that the PM is the perfect chosen vehicle for the cowards, bullies, and misfits who haven’t the courage to post their ideas or grievances on an open forum…..sick and creepy.

That would be a preconception of guilt.
Courts work very hard to avoid a preconception of guilt or innocence among the jurors.

Sorry that you've received those PMs Sue. While I receive notifications of every forum post and new member I don't get notified of PM activity and can't see them unless I tunnel down into the database, which I rarely do. PMs are supposed to be private and I don't get involved unless someone points out a problem.

Although Boatbottom952/Fritoman/subaruliving has been heavily restricted already I've now taken additional steps to keep them out. You shouldn't get any more PMs like those but please let me know if you do.

With motorcycles drivers supposedly TWENTY EIGHT times more likely to get killed than a car driver, what really makes the difference for the motorcyclist is their level of perfomance and their alertness. Some motorcyclists go their whole life without a crash, while others have a crash early on.

One thing for sure is that a large pickup truck offers way more protection than a 500-lb motorcycle. Motorcycles just look really cool & dynamic even when standing still ..... they are like a work of art, driving machine that hooks people onto riding them.

Once you is dead ..... that's all there is .... the end. Is riding a motorcycle worth the high risk? ...... :eek2:

If the Fallen-7 had been riding in five different Subaru's and not on Harley Davidson's ....... there would have been much much less death for evryone. So's maybe you Harley riders want to go trade in that Harley and go get yo-self a Subaru!

Depends.
When I rode, that was all I could afford - an inexpensive used motorcycle that got what at that time was great gas mileage.

I had to go from Belmont to my job in Holderness, so motorized was the only option.

Thanks on behalf of all who find this creepy behavior annoying. However, I am a big girl and can take it, so don’t go to extreme measures for me….I was just pointing out the creepiness of supposed adults who are immature cowards. From now on, they should simply be ignored, and that’s my plan.

Lemme guess here ..... it had to be a 1966 Honda-95 Classic what with its cost value/mile coefficient .... http://www.smartcycleguide.com/motor.../1966-honda-50 ..... plus you meet the nicest people on a Honda! ... :eek:

Not quite. By the time I was driving, those would have been nearly a classic.

I bought cheap CM400 that was about seven years old. No one ''aspired'' to be seen on one. I was getting in the low 40s for mpg.

Every single charge the state brought was dropped. That on its own says plenty about the integrity of the state's evidence.

Seems plenty of folks in general still want to hang this young man and choose to completely ignore the fact that the motorcyclists have just as much responsibility here, being over the legal BAC limit and all.

There is a group of people involved who aren't taking a long hard look at their own actions and the young man is the only one being persecuted as a result.

I think it's a horrible situation all around. Hopefully someone somewhere is learning or has learned something from all this.

Well respectfully I find your post pretty narrow minded. I both drive and ride and I do expand my zone of awareness hugely when riding. That being said this kid was drugged for sure and even if one rider was also "drugged" on drink that was his problem. The truck driver had much more to be responsible for as he was driving a tank versus a bike. It matters little than one or two bikers were also legally over the limit, this kid was totally stoned out and I think his license was also removed before for cause. he is guilty and needs to serve time and never drive again.

Stoned?
So you saw the blood test, and even though it was thrown out as being under any limit to cause impairment... you are sure he was stoned?

He also, according to the reconstruction, remained in his lane.

Not to mention he was found not guilty; and doubtful will never drive again in the US as he is being deported.

So I think everyone is being a bit narrow minded.

I'm not sure if you've seen all the articles? It's true the kid's a druggie and has spent much of his life wasted. But blood tests and police statements on field sobriety both say he was sober at the time of collision.