Verdict in Zhukovskyy case draws mixed reaction

LANCASTER — Found not guilty last Tuesday of all charges in the 2019 crash that killed seven members of the Jarheads Motorcycle Club, Volodymyr Zhukovskyy was transferred into the custody of the U.S. Immigration and Customs Enforcement.

The 26-year old Zhukovskyy is a citizen of Ukraine but, according to testimony at the trial, he has lived in the United States since he was 10 years old. At the time of the fatal 2019 collision in Randolph, he was living in West Springfield, Mass. He has been in preventive custody for three years.

ICE Public Affairs spokesman John Mohan said his agency served Zhukovskyy with a detainer back in June 2019 at the Coos County Jail in West Stewartstown.

“Zhukovskyy has an extensive criminal history including 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,” Mohan said.

He was taken into ICE custody at the Grafton County Jail in Haverhill, where he has been housed in recent months, and served a notice to appear.

Mohan said he is in ICE custody pending his appearance before an immigration judge.

Meanwhile, the verdict in his criminal case in Coos County Superior Court has generated a firestorm.

After deliberating less than three hours, the jury found Zhukovskyy not guilty of all 15 counts that included manslaughter, negligent homicide and reckless operation regarding the June 21, 2019, crash on Route 2 in Randolph.

Killed in the crash were Jarheads Motorcycle Club members Albert Mazza, 59, of Lee, Michael Ferazzi, 62, of Contoocook; Daniel Pereira, 58, of Riverside, Rhode Island; Jo-Ann and Edward Corr, both 58, of Lakeville, Mass.; Desma Oakes, 42, of Concord; and Aaron Perry, 45, of Farmington.

Earlier in the trial, Coos County Justice Peter Bornstein dismissed seven charges of negligent homicide for driving under the influence of drugs, ruling the prosecution had not proven Zhukovskyy was impaired at the time of the accident.

The verdict in the case has generated a firestorm with Gov. Chris Sununu calling it a dark day.

“The Fallen Seven did not receive justice today, and that is an absolute tragedy,” said Sununu. “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.”

He was joined by N.H. Attorney General John Formella, whose office helped prosecute the case.

“Our trial team did an excellent job and we firmly believe that the state proved its case beyond a reasonable doubt,” said Formella. He said Zhukovskyy should have been found guilty of the charges but while extremely disappointed, said his office “respects the verdict and our system of justice.”

The head of the N.H. Association of Criminal Defense Lawyers, Robin D. Melone called the statements by Sununu and Formella, “irresponsible, dangerous, disrespectful to the jurors and damaging to the integrity of the criminal legal system. They are also contrary to rules designed to protect the rights of the accused and protect jurors from undue influence and harassment.”

Melone said jurors are instructed to be impartial and to decide cases without fear or sympathy.

“Agree or disagree, the jury here did its job and their decision deserves respect rather than public condemnation,” she concluded.

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A request for the names of the jurors in the case was denied — they are confidential.

Over 60 people submitted comments about the verdict on The Berlin Sun’s Facebook page and a majority supported the verdict. Many cited testimony that the lead motorcyclist, Albert Mazza, was driving drunk and said the jury had no choice but to acquit Zhukovskyy after the court ruled he was not impaired.

While the Jarhead Motorcycle Club is made up of current and former Marines, there was criticism that the club had a keg of beer and members were drinking just before taking off on their motorcycles to go to the American Legion in Gorham.

Several people complained that motorcycles traveling in groups on the highway ride the double yellow line constantly and weave as they drive. One noted that groups should only ride in a staggered formation on straightaways and should be in single file on curves.

But some pointed out that Zhukovskyy admitted to doing drugs earlier in the day and there were reports that he had been driving erratically earlier.

Ultimately, there was agreement that it was a tragic event for all including the local responders who faced a scene described as looking like a war zone.

Mary Carson White posted: “From an emotional standpoint, this accident will be seared into many people's memories for life: the survivors; the families and friends of the seven deceased; the witnesses who just happened to be driving in the area when the accident took place, and saw and heard things they'll never forget. And let's remember all the first responders who gave 100 percent trying to help those who were injured and dying. I wasn't there, but it's a tragedy I recall every time I go by the memorials on Route 2.”

The jury deliberated less than three hours Tuesday before returning not guilty verdicts to the 15 charges.

In his closing argument, defense attorney Jay Duguay said Zhukovskyy is not guilty of the charges and said the accident was the result of Jarhead President Albert Mazza driving drunk, with a blood alcohol level of .135, well over the legal limit of .08. Duguay said the state rushed to judgment, charging the truck crossed the center line and struck the motorcyclists.

The attorney said eye witness testimony in the case was conflicting and contradicting, in part because the accident happened quickly and the scene was expansive.

“There were more than a dozen vehicles, seven deceased riders, several injured and others that were uninjured. There was debris all over the road and there were thousands of pieces of evidence to collect and document. To say it was a complex scene will be vastly understating,” Duguay said.

He reminded the jury that the burden of proof rests with the state and said the prosecution failed to provide evidence beyond a reasonable doubt and they must find Zhukovskyy not guilty.

But in his closing statement, Assistant N.H. Attorney General Scott Chase said the jury does not have to depend on the testimony of eyewitnesses about the defendant’s driving that day. He said Zhukovskyy admitted to being responsible for the crash in an interview with police.

“He was crystal clear from the beginning that he caused the crash,” Chase said.

The prosecutor pointed to an interview two days after the crash in which state police testified Zhukovskyy told them he had swerved to the left, crossing the center line into the path of Mazza’s motorcycle.

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