CONCORD, N.H. – On Thursday, Administrative Law Judge Ryan N. McFarland of the Bureau of Hearings, upheld the state’s complaint and found Volodymyr Zhukovskyy’s “unlawful operation materially contributed to” the June 2019 crash that killed seven motorcyclists in Randolph.
The news release said as a result of this conclusion, an additional hearing will be scheduled on a future date yet to be determined. McFarland will assess Zhukovskyy’s driving privilege suspension period during that hearing.
Jurors in the Coos County Superior Court found Zhukovskyy not guilty in August of 2022 after 11 days of testimony of all 15 criminal charges in the fatal crash that killed the seven members of the Jarhead Motorcycle Club.
The jury of eight women and four men deliberated for about three hours before delivering their unanimous verdicts. Zhukovskyy was found not guilty of all felonies, including seven counts of manslaughter by reckless conduct, seven counts of negligent homicide, and one count of reckless conduct with a deadly weapon.
Eight criminal charges were dismissed earlier after prosecutors presented their case.
Killed in the crash were 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.
Thursday’s decision follows an administrative hearing held May 8 regarding a complaint filed by the state, alleging Zhukovskyy drove in an unlawful or reckless manner on June 21, 2019, on Route 2 in Randolph, materially contributing to the deaths of the motorcyclists.
That hearing was on Zhukovskyy’s request to get his New Hampshire driving privileges restored, which were suspended immediately after the crash.
Zhukovskyy had admitted before his criminal trial having ingested a mixture of heroin, cocaine and fentanyl the morning of the accident but the defense argued he was not impaired at the time of the crash and only trace amounts of the drugs were found in his blood. Instead, the defense pointed to lead motorcyclist Albert Mazza who had a blood alcohol of .135 at the time, well over the level limit of .08.
After his acquittal on the criminal charges, Zhukovskyy was taken into custody by U.S. Immigration and Customs Enforcement, citing his extensive criminal history that included three prior drug convictions, driving after suspension, furnishing false information to a law enforcement officer, and larceny.
His request for asylum was denied and on Feb. 3, 2023, an immigration judge ordered him deported.
Deportations to Ukraine, however, have been suspended because of the armed conflict there with Russia, which ICE officials say prevents them from safely returning individuals to the country at this time. Zhukovskyy was released from custody under an Order of Supervision issued in April 2023.
Zhukovvsky’s attorney Earle Wingate said Thursday: “I am going to reserve any statement until after the sanctions portion of the hearing.”
Berlin Sun Reporter Barbara Tetreault contributed to this report.
