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

[fatlazyless]

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!

[garysanfran]

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!!!

[FlyingScot]

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

[Mr. V]

So this innocent man was wrongly incarcerated for three years.

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

[thinkxingu]

Originally Posted by Mr. V

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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[ishoot308]

Originally Posted by thinkxingu

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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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

[John Mercier]

Originally Posted by ishoot308

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

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

[ishoot308]

Originally Posted by John Mercier

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

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

[John Mercier]

Originally Posted by ishoot308

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

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.

[fatlazyless]

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? ....

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.

[ishoot308]

Originally Posted by John Mercier

Prior offenses would only be used for sentencing

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!

Originally Posted by John Mercier

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.

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

[KPW]

Originally Posted by ishoot308

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.

[fatlazyless]

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?

[LIforrelaxin]

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....

[FlyingScot]

Originally Posted by LIforrelaxin

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

[ishoot308]

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!

Dan

[thinkxingu]

Originally Posted by ishoot308

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!

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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[ishoot308]

Originally Posted by LIforrelaxin

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....

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??..

Have a great weekend!

Dan

[FlyingScot]

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

[dickiej]

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. ?

[thinkxingu]

Originally Posted by dickiej

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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[Poor Richard]

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.

[Sue Doe-Nym]

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.

[webmaster]

Originally Posted by Sue Doe-Nym

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.

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.

[TiltonBB]

Zhukovskyy had admitted having taken a mixture of heroin, cocaine, and fentanyl at 8 a.m. on the day of the fatal crash.

Sure, get him back on the road. What could possibly go wrong?

Zhukovskyy is also awaiting deportation to his native country Ukraine. But deportations to that country have been suspended because of the armed conflict there with Russia, which ICE officials say prevents them from safely returning individuals to the country.

https://www.laconiadailysun.com/news...567a9f29c.html

[fatlazyless]

Originally Posted by TiltonBB

Zhukovskyy had admitted having taken a mixture of heroin, cocaine, and fentanyl at 8 a.m. on the day of the fatal crash.

Sure, get him back on the road. What could possibly go wrong?

State of New Hampshire v. Volodymyr Zhukovskyy ...... http://www.courts.nh.gov/media/reque...myr-zhukovskyy ..... (CASE CLOSED)

August 9, 2022, 3-pm, at the court house in Lancaster N.H., " It took the jury about two hours to reach a verdict on the 15 charges Volodymyr Zhukovskyy faced."

"Zhukovskyy faced seven counts of manslaughter and seven counts of negligent homicide, in addition to a charge of reckless conduct. He was found not guilty on all charges."

http://www.wmur.com/article/randolph...rdict/40850159

Was he driving a large, old Ford pick-up truck with four wheels with Massachusetts plates and towing a goose neck trailer capable to carry three vehicles that was empty at the time of the collision on June 21, 2019 in Randolph NH on Route 2, heading west or what?

There is no video that shows the collision happening between the pick-up truck and the motorcycles. Motorcycles are supposedly 28-times more likely to be involved in a deadly crash .... www.wikipedia.org/wiki/Motorcycle_safety ..... than an automobile which makes motorcycles a heck of a lot more dangerous for their driver and rider than for people in a car or truck.

[Mr. V]

Originally Posted by TiltonBB

Zhukovskyy is also awaiting deportation to his native country Ukraine. But deportations to that country have been suspended because of the armed conflict there with Russia, which ICE officials say prevents them from safely returning individuals to the country.

What if instead of being yet another American junky he wanted to return to Ukraine to fight the Russians?

Were he to offer to "take the risks:" would they let him go, e.g. fly him to Poland and let him figure out the rest of it?

[ApS]

Originally Posted by garysanfran

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

He even said he caused the crash!

Coös County Police were too slow to read his Miranda Rights?

Originally Posted by garysanfran

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.

Worse, eligible Coös County voters who'd read of those instances would be excluded from the jury! That leaves a very ignorant jury in a tiny jurisdiction with few who hadn't known of this crash that left seven dead bodies.

Originally Posted by garysanfran

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

The defense found a weak link among the bikers, and played it to the hilt.

Among my library of books--mostly about Nature--I have a volume autographed to me by the author titled, "The Defense Never Rests".

Personally, I'd like very much to analyze an enlarged aerial photograph of the [cleared] roadway scene with the sun directly overhead.

[John Mercier]

A none prejudiced jury is the basis of our system.

He wasn't impaired, and didn't cross the line.
He did admit to being distracted and felt in the emotion of the moment that he had been at fault.

He plead not guilty. And the jury found the facts to be so.

A weak link... you mean impaired and crossed the line?

[fatlazyless]

"Pacella told Western Mass News that this case rested on the experts."

"There was an expert for the defense who said that although Zhukovskyy was just over the centerline, that at the time of the accident, the bike had turned sideways, essentially, when it hit the truck. Therefore, he lost control first and he caused the accident," Pacella explained.

August 9, 2022: https://westernmassnews.com/2022/08/...uilty-verdict/

Am trying to think of something intelligent to say, here? .... ..... Maybe that a Subaru is supposedly 28-times less fatal than a Harley Davidson, plus it always has air conditioning and a heater and four tires.

www.youtube.com/watch?v=jrHxVqpNPdo&t=36s ....... Harley's on the Lake Winnipesaukee ice, Meredith Bay ice fishing derby, Feb 2 2020 ...... think I gotta try this next winter ...... except with in-line roller skates with four roller skate wheels, in-line ..... ha-ha-ha! ..... roller skating on the ice ...... weeeooooo!

[John Mercier]

You should give up the rant about motorcycles - or any brand in particular - as the people riding are keenly aware of the inherent danger.