By DAMIEN FISHER, InDepthNH.org
Volodymyr Zhukovskyy’s right to drive in New Hampshire could be reinstated as soon as 2026 under a ruling made public Wednesday.
Zhukovskyy was acquitted at trial of killing seven motorcyclists in a grisly 2019 collision on Route 2 in Randolph, though the state bureaucracy still holds him responsible for the deaths.
Killed that day were members of the Jarheads Motorcycle Club, 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.
Department of Safety Hearings Examiner Ryan McFarland ordered a maximum seven-year suspension starting from the date it was first suspended after the fatal collision on June 24, 2019.
The Department of Safety argued for a seven-year suspension starting this year with no time credit, effectively a 12-year suspension. The DOS claimed the initial 2019 suspension was done without a formal hearing and should be treated separately from any suspension imposed after a formal hearing. McFarland, however, found state law does not allow for suspensions to be treated separately in that manner.
The DOS is not commenting on the ruling, but Zhukovskyy’s attorney, Earle Wingate, thinks McFarland did not consider all the facts in the case.
Zhukovskyy was charged with driving under the influence of drugs after he admitted to using cocaine and heroin before getting in a truck to deliver cars to New Hampshire. The drug use occurred several hours before the crash.
The jury in the 2021 trial acquitted Zhukovskyy after being presented with evidence that he was not, in fact, impaired at the time of the accident. On the other hand, the lead motorcyclist, Albert “Woody” Mazza, was impaired and over the centerline of the road.
“It was heartening that the fact finder noted he couldn’t find Mr. Zhukovskyy impaired, but it boggles the mind so little shrift was given to the fact that when the collision occurred, the lead motorcyclist was partly on the wrong side of the road driving with a blood alcohol concentration of .135,” Wingate told InDepthNH.org.
McFarland ruled Zhukovskyy is materially responsible for the crash even though there is no evidence to prove impairment.
“The most aggravating factor is that this is an accident that did not have to occur. The testimony is clear that there were warning signs for the Respondent to recognize that his driving behavior was not reasonable or safe and he should have pulled over to address any issues,” McFarland wrote. “The Respondent consumed a large amount of drugs that morning and while there is not sufficient evidence to prove that the Respondent was impaired, it is clear that the Respondent was not completely focused on his driving and was distracted because he was likely not feeling well because it had been 12 hours since he last consumed drugs.”
Zhukovskyy had a history of drug arrests and dangerous driving before the fatal crash.
Zhukovskyy’s sobriety since the crash is the only mitigating factor McFarland allowed in his decision. The order permits Zhukovskyy to seek a reinstatement hearing in two years, and he must provide an evaluation from a drug and alcohol counselor when he requests the hearing. During the remainder of his suspension he must remain on good behavior.
Next of kin to the crash victims have the right to challenge McFarland’s order in Superior Court.
Zhukovskyy is Ukrainian, though he’s lived in the United States most of his life. He was taken into custody by U.S. Immigration and Customs Enforcement immediately after his acquittal.
Zhukovskyy’s request for asylum was denied and on Feb. 3, 2023, an immigration judge ordered him deported, but deportations to Ukraine have been suspended because of the armed conflict there with Russia. Zhukovskyy was released from custody under an Order of Supervision issued in April 2023.