LANCASTER — Requesting that their client be released on bail, attorneys for Volodymyr Zhukovskyy, the driver in the so-called “Fallen 7” accident last June, are citing a new report showing the lead motorcyclist was over the center line at the time Zhukovskyy’s pickup allegedly drove into them.
Public defenders Jay Duguay and Steve Mirkin also stated that evidence shows the driver of the motorcycle, Albert Mazza, was legally intoxicated and had turned around to look back at the other motorcyclists just prior to the accident.
Killed as a result of the collision were Mazza, 59, of Lee, Daniel Pereira, 58, of Riverside, R.I., Michael Ferrazi, 62, of Contoocook, Aaron Perry, 45, of Lee, Desma Oakes, 42, of Concord, and Edward and Joan Corr, both 58 of Lakeview, Mass. In addition, two people were injured. Most were members of the Jarhead Motorcycle Club.
Zhukovskyy, 24, of West Springfield, Mass., faces seven counts of negligent homicide, seven counts of negligent homicide-DUI, seven counts of manslaughter, one count of aggravated DUI and one count of reckless conduct in the accident. He has pleaded not guilty.
The state hired The Crash Lab Inc. of Hampton to examine the 2016 Dodge 2500 pickup with attached flatbed trailer driven by Zhukovskyy when the accident occurred on Route 2 in Randolph.
The N.H. State Police C.A.R team had initially determined that the trailer, as Zhukovskyy was traveling west, was 1.5 feet over the center line into the eastbound lane at the time of impact. The state police report said there was no evidence the motorcycles were on the wrong side of the road.
“The report concludes that the initial impact occurred between the left side of Mr. Mazza’s motorcycle and the left front tire of Mr. Zhukovskyy’s truck. Critically, they determined that the impact occurred directly over the center line and that Mr. Mazza’s motorcycle was in fact protruding over onto the center line when it struck the truck,” the motion states.
The defense said information provided by the state in discovery showed Mazza had been turned around looking at his fellow motorcyclists just before the accident. Furthermore, the autopsy report showed Mazza’s blood alcohol level was .135, well over the statutory limit of .08.
An affidavit filed earlier in the case alleges Zhukovskyy admitted to police on the night of the accident that his vehicle crossed into the oncoming lane of traffic when he diverted his attention from the road to retrieve an item from the truck’s console.
Back in June 2019, Zhukovskyy waived arraignment in Coos County Superior Court and did not argue against the state’s request for preventative detention. He has since been held at the Coos County Jail in West Stewartstown.
Given what his attorneys call dramatically different factual evidence, Zhukovskyy is requesting an evidentiary hearing on the need for continued detention.
The motion said the defendant is willing to live with his parents, surrender his passport and agree not to operate a motor vehicle while out on bail.
The state has 10 days to file an objection to the motion. If the judge decides a hearing is warranted, it will likely be conducted by video.
The defense’s motion states the Crash Lab report found that initial assessment flawed and incorrect.
“The report concludes that the initial impact occurred between the left side of Mr. Mazza’s motorcycle and the left front tire of Mr. Zhukovskyy’s truck. Critically, they determined that the impact occurred directly over the center line and that Mr. Mazza’s motorcycle was in fact protruding over onto the center line when it struck the truck,” the motion states.
The defense said information provided by the state in discovery showed Mazza had been turned around looking at his fellow motorcyclists just before the accident. Furthermore, the autopsy report showed Mazza’s blood alcohol level was .135, well over the statutory limit of .08.
An affidavit filed earlier in the case alleges Zhukovskyy admitted to police on the night of the accident that his vehicle crossed into the oncoming lane of traffic when he diverted his attention from the road to retrieve an item from the truck’s console.
Back in June 2019, Zhukovskyy waived arraignment in Coos County Superior Court and did not argue against the state’s request for preventative detention. He has since been held at the Coos County Jail in West Stewartstown.
Given what his attorneys call dramatically different factual evidence, Zhukovskyy is requesting an evidentiary hearing on the need for continued detention.
The motion said the defendant is willing to live with his parents, surrender his passport and agree not to operate a motor vehicle while out on bail.
The state has 10 days to file an objection to the motion. If the judge decides a hearing is warranted, it will likely be conducted by video.
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Source: The Conway Daily Sun