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

[WinnisquamZ]

And it begins

Head of Mass RMV Erin Deveney resigns over tragic NH fatal crash case
https://www.bostonherald.com/2019/06...al-crash-case/
(Via Boston Headline News)


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[Top-Water]

Originally Posted by WinnisquamZ

And it begins

Head of Mass RMV Erin Deveney resigns over tragic NH fatal crash case
https://www.bostonherald.com/2019/06...al-crash-case/
(Via Boston Headline News)

First, my heartfelt sympathies to all the families that lost loved ones, without question a genuine tragedy.

Second, and the jest of my thoughts. But I can't help wondering why she resigned. Are we going to find out more in the next few weeks something else? Granted innocent until proven guilty, but is there more to this story about how this person was still driving after what has been reported on the news. Is this going to be one of those stories like the Ma. state police overtime scandal that seems like a lot of folks tuned a blind eye to. Or lead in drinking water in Detroit among other things that seem to happen in large state agencies. Or is it the way things go these days if you are connected. Something seems a little off here but can't seem to find just the right words to describe it.

[FlyingScot]

Originally Posted by Top-Water

First, my heartfelt sympathies to all the families that lost loved ones, without question a genuine tragedy.

Second, and the jest of my thoughts. But I can't help wondering why she resigned. Are we going to find out more in the next few weeks something else? Granted innocent until proven guilty, but is there more to this story about how this person was still driving after what has been reported on the news. Is this going to be one of those stories like the Ma. state police overtime scandal that seems like a lot of folks tuned a blind eye to. Or lead in drinking water in Detroit among other things that seem to happen in large state agencies. Or is it the way things go these days if you are connected. Something seems a little off here but can't seem to find just the right words to describe it.

My hope is that she was forced to resign as a matter of accountability. She allowed a grievous error to occur, she's paying the price as the top proximate official. Good. Now the new boss will implement systems to make sure the mistake is not repeated.

[Top-Water]

Originally Posted by FlyingScot

My hope is that she was forced to resign as a matter of accountability. She allowed a grievous error to occur, she's paying the price as the top proximate official. Good. Now the new boss will implement systems to make sure the mistake is not repeated.

I agree & hope you are correct, and that is all that this is. But, I thought that all these systems were already in place, for lack of a better term, how did they get short-circuited on what appears to be maybe more than one occasion.


As WinnisquamZ wrote "And it begins" ........ Just wondering out loud, what is the end on this story.

[Hillcountry]

Originally Posted by Top-Water

I agree & hope you are correct, and that is all that this is. But, I thought that all these systems were already in place, for lack of a better term, how did they get short-circuited on what appears to be maybe more than one occasion.


As WinnisquamZ wrote "And it begins" ........ Just wondering out loud, what is the end on this story.

Just another smaller, version of “the swamp” that will always be present as long as politicians work for themselves and not the electorate. Very difficult to “drain”

[SAMIAM]

Ever notice that when a public official reigns in disgrace they simply retire early with 10K monthly retirement payout plus benefits such as the deputy sheriff in Broward county that stood by as children were shot.
Even Blagojevich...the Chicago mayor in prison for corruption is getting his big payday each month.
In the real workplace if you screw up....you're fired.No bennies from the taxpayers.
Sorry to hijack this serious discussion.......heartfelt sympathy to the families and victims

[joey2665]

Originally Posted by SAMIAM

Ever notice that when a public official reigns in disgrace they simply retire early with 10K monthly retirement payout plus benefits such as the deputy sheriff in Broward county that stood by as children were shot.

Even Blagojevich...the Chicago mayor in prison for corruption is getting his big payday each month.

In the real workplace if you screw up....you're fired.No bennies from the taxpayers.

Sorry to hijack this serious discussion.......heartfelt sympathy to the families and victims

You summed up exactly why these people want to take office. The benefits, not to assist the public.


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[fatlazyless]

For towing a big, long, heavy, old(?), goose neck trailer like that, the tow vehicle should be a dually with four wheels in the back, and it probably was a dually for a transport company hauling cars with cdl drivers ...... but we don't know this for sure .....maybe it was a Dodge Ram 2500 pickup with four wheels as opposed to six wheels?

Having six wheels is more solid with better control ..... less swing and sway especially when the goose neck trailer is empty.

A loosie-goosie trailer driven by a loosie-goosie driver can be a double-bad loosie-goosie combination?

[Top-Water]

Originally Posted by fatlazyless

For towing a big, long, heavy, old(?), goose neck trailer like that, the tow vehicle should be a dually with four wheels in the back, and it probably was a dually for a transport company hauling cars with cdl drivers ...... but we don't know this for sure .....maybe it was a Dodge Ram 2500 pickup with four wheels as opposed to six wheels?

Having six wheels is more solid with better control ..... less swing and sway especially when the goose neck trailer is empty.

A loosie-goosie trailer driven by a loosie-goosie driver can be a double-bad loosie-goosie combination?

It always seems to amaze me how you love to inject your twisted sense of humor at every opportunity when ever there is a an event causing great suffering.

[ApS]

Originally Posted by WinnisquamZ

And it begins
Head of Mass RMV Erin Deveney resigns over tragic NH fatal crash case
https://www.bostonherald.com/2019/06...al-crash-case/

Driving drunk—underage: Nothing happens.

In possession of a crack pipe: Nothing happens.

2013 Larceny of Home Depot Warehouse: Nothing happens.

Wallet left at gas station, contained heroin and cocaine packets: Nothing happens.

Flipped 18-wheeler in Texas, another crack pipe: Nothing happens.

Arrested in Texas one month ago, gave fake name: Nothing happens.

May 11, crashed into brush, fails sobriety test in parking lot, arrested:

Connecticut RMV notifies Massachusetts RMV—Receives acknowledgment...Nothing happens.

June 13th, Lane infraction: Nothing happens.

➼ Something Happens!

60 hours after NH wreck: Nothing happens.

➼ Arrested in Massachusetts, heroin and cocaine found in home...

[dickiej]

We will never take impared driving seriously in this country. In Europe, you get significant jail time and long term license revocation after your second offense. No plea bargaining and no special deals. The reason why we won't take it seriously: most of our legislators are lawyers and many of them are drunks.

[thebix]

Originally Posted by ApS

Driving drunk—underage: Nothing happens.

In possession of a crack pipe: Nothing happens.

2013 Larceny of Home Depot Warehouse: Nothing happens.

Wallet left at gas station, contained heroin and cocaine packets: Nothing happens.

Flipped 18-wheeler in Texas, another crack pipe: Nothing happens.

From story on NECN
https://www.necn.com/news/new-englan...N-5obO4EZ-iu34

'In all, Zhukovskyy served at least six license suspensions in Massachusetts after obtaining his license in April 2013, though some of the sanctions overlapped, according to records provided by the Massachusetts Registry of Motor Vehicles. He also completed two safe driving education courses through the National Safety Council.'

[Outdoorsman]

Originally Posted by thebix

From story on NECN
https://www.necn.com/news/new-englan...N-5obO4EZ-iu34

'In all, Zhukovskyy served at least six license suspensions in Massachusetts after obtaining his license in April 2013, though some of the sanctions overlapped, according to records provided by the Massachusetts Registry of Motor Vehicles. He also completed two safe driving education courses through the National Safety Council.'

All I can say is WOW.... Six license suspensions at any age is outrageous, let alone for someone so young.

I have always had an issue with sentences being served "concurrently" and that is something that I was talking about the other day. If convicted, this guy needs to serve 7 CONSECUTIVE sentences. Anything short of that is equally outrageous.

As an aside, I worked in Gorham this week and on Wednesday when I drove by the scene there was a company putting up seven 6' +/- crosses at the crash site. Very nice gesture. Today when I drove by, the state has put up 2 of the roadside smart signs warning traffic to SLOW DOWN, "possible road side activity ahead" Kudo's to the state for being proactive and allowing loved-ones to visit the scene.

[swnoel]

Originally Posted by ApS

Driving drunk—underage: Nothing happens.

In possession of a crack pipe: Nothing happens.

2013 Larceny of Home Depot Warehouse: Nothing happens.

Wallet left at gas station, contained heroin and cocaine packets: Nothing happens.

Flipped 18-wheeler in Texas, another crack pipe: Nothing happens.

Arrested in Texas one month ago, gave fake name: Nothing happens.

May 11, crashed into brush, fails sobriety test in parking lot, arrested:

Connecticut RMV notifies Massachusetts RMV—Receives acknowledgment...Nothing happens.

June 13th, Lane infraction: Nothing happens.

➼ Something Happens!

60 hours after NH wreck: Nothing happens.

➼ Arrested in Massachusetts, heroin and cocaine found in home...

Unfortunately , I believe there is more to this story. Hopefully it won't be covered up...

[Top-Water]

Originally Posted by swnoel

Unfortunately , I believe there is more to this story. Hopefully it won't be covered up...

Exactly! what I was thinking.

[fatlazyless]

.... there's no humor in that comment .... do not deserve your wrath .... it's could well be a loosie-goosie truck, goose neck trailer combination, driven by a loosie-goosie driver which makes it a double-bad loosie-goosie situation ..... where's the humor here? ..... ain't noth'n funny about it ...... all driving should be taken very seriously ..... and especially for truckers!

[thinkxingu]

Originally Posted by fatlazyless

.... there's no humor in that comment .... do not deserve your wrath .... it's could well be a loosie-goosie truck, goose neck trailer combination, driven by a loosie-goosie driver which makes it a double-bad loosie-goosie situation ..... where's the humor here? ..... ain't noth'n funny about it ...... all driving should be taken very seriously ..... and especially for truckers!

Words matter. Using "loosie-goosie" and blaming the machine on a thread about a criminal driver killing a bunch of motorcyclists is abhorrent.

I hope this guy, and anyone negligently involved, gets slammed. I also hope the companies, and the people who knowingly employed him, are destroyed.

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[joey2665]

Originally Posted by ApS

Driving drunk—underage: Nothing happens.

In possession of a crack pipe: Nothing happens.

2013 Larceny of Home Depot Warehouse: Nothing happens.

Wallet left at gas station, contained heroin and cocaine packets: Nothing happens.

Flipped 18-wheeler in Texas, another crack pipe: Nothing happens.

Arrested in Texas one month ago, gave fake name: Nothing happens.

May 11, crashed into brush, fails sobriety test in parking lot, arrested:

Connecticut RMV notifies Massachusetts RMV—Receives acknowledgment...Nothing happens.

June 13th, Lane infraction: Nothing happens.

➼ Something Happens!

60 hours after NH wreck: Nothing happens.

➼ Arrested in Massachusetts, heroin and cocaine found in home...

Not letting RMV off the hook at all but the employer has a tremendous amount of culpability. If they used a license monitoring service or even ran his RMV record on a pre employment check they would have never hired him.


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[ishoot308]

Originally Posted by joey2665

Not letting RMV off the hook at all but the employer has a tremendous amount of culpability. If they used a license monitoring service or even ran his RMV record on a pre employment check they would have never hired him.


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I agree! Also the trailer that truck was towing was way too big and heavy for that truck, most likely not legal whatsoever! DOT will be involved and this is going to come back and bite that company in the a** as it should!

Both he and his irresponsible company should be put out of commission for good!!

Dan

[fatlazyless]

Originally Posted by ishoot308

..... the trailer that truck was towing was way too big and heavy for that truck, most likely not legal whatsoever! .....

.... could be a Ram 2500 dually w/ 6-wheels or a Ram 2500 w/4-wheels ..... do not know?

.... truck management knows who is the good driver and what is the less good truck/trailer and maybe gives to the less good driver the lower quality rig .... isn't that the way it usually goes .... could be it was a 4-wheel pickup towing the goose neck trailer ..... is still unknown?

Dodge Ram makes a 3500 pickup which can be a dually, so's maybe this 2500 was a 4-wheeler and too small for this goose neck tow ..... is an unanswered question.

[SAB1]

Spot on dan. That trailer looked way to big for me on that truck. All kinds of issues surround this case including ICE now being involved. Kid never should have been driving. The woman at the registry surely got canned but aside from that I hold the owner of the company accountable for hiring him. But aside from that there hasn’t been a day gone by when I haven’t thought of those that died and the families they left behind.

[ishoot308]

Originally Posted by SAB1

But aside from that there hasn’t been a day gone by when I haven’t thought of those that died and the families they left behind.

Yes, these were good people, veterans, family members, who were out enjoying life. One useless punk in a matter of seconds takes their life away.

As a prior Marine I can tell you this tragedy has really upset me...

Dan

[fatlazyless]

It takes about two seconds to figure out that driving a motorcycle is more dangerous than driving a car. Just one fast look at the two, car and motorcycle, and you realize this safety issue.

Driving in New Hampshire will never be a perfect, totally safe experience ..... bad stuff can happen?

According to https://en.wikipedia.org/wiki/Motorcycle_safety ..... In 2016 the risk of death was 28 times higher driving a motorcycle than a car.

If you think about this ..... 28-times is a very big difference .... a huge difference.

Motorcycles look very dynamic and are very fun to ride but are way more deadly ..... 28-times .... than driving a car.

[ishoot308]

Originally Posted by fatlazyless

It takes about two seconds to figure out that driving a motorcycle is more dangerous than driving a car. Just one fast look at the two, car and motorcycle, and you realize this safety issue.

Driving in New Hampshire will never be a perfect, totally safe experience ..... bad stuff can happen?

According to https://en.wikipedia.org/wiki/Motorcycle_safety ..... In 2016 the risk of death was 28 times higher driving a motorcycle than a car.

If you think about this ..... 28-times is a very big difference .... a huge difference.

Motorcycles look very dynamic and are very fun to ride but are way more deadly ..... 28-times .... than driving a car.

This accident had NOTHING to do with the motorcycles FLL!! The "homicide" of seven innocent people was totally the cause of one drug addicted drunk p.o.s. who should have never been behind the wheel to begin with. There is no other way to look at it!!

Dan

[MAXUM]

It's also likely that if a car were in the same position of those bikes at the time, the occupants would have suffered a similar fate.

[robmac]

That driver will never have to pay the FULL price for his actions which is criminal in of itself. The trailer was far too big and heavy for a 2500 Dodge with single rear wheels! How ever I haven't heard any LEO or dept mentioning a bill of laiding so he was hauling something which brings the deep pockets into the criminal act as well. Either way we can't bring them back and my heart goes out to the families and loved ones of those we lost.

[rick35]

Shouldn’t someone who’s here on a green card have been kicked out after his first or second infraction? I don’t know how someone like that gets a green card but that’s a privilege and should be revoked if the person breaks the law.

[robmac]

As of this afternoon he has an ICE detainer

[fatlazyless]

Originally Posted by robmac

As of this afternoon he has an ICE detainer

Have to wonder if he would jump at the opportunity to get deported back to Ukraine from the Coos County House of Correction, Stewartstown, NH, which is very close to the NH-Canada border as opposed to being a prisoner at the NH State Prison in Berlin for the next 15-40 years?

Does he deserve a death, execution, penalty?

Could be the truck was too small, the trailer was too big, the Massachusetts DMV process was too slow, and both the driver and transport company management was no good. Could be something like an uneven asphalt, winter frost heaved road surface is partially to blame, too?

Probably, he would rather be back in the Ukraine ....... in a Ukraine prison?

[MAXUM]

Originally Posted by fatlazyless

Have to wonder if he would jump at the opportunity to get deported back to Ukraine from the Coos County House of Correction, Stewartstown, NH, which is very close to the NH-Canada border as opposed to being a prisoner at the NH State Prison in Berlin for the next 30 years?

Does he deserve a death, execution, penalty?

Probably, he would rather be back in the Ukraine?

Neither! I'd give this guy a tax payer paid one way plane ticket to the North Korean prison system. They seem to know how to deal with scum like this, and that to me would be a fitting end to this guy. A comfortable life behind bars or death here is not fitting enough for my taste. Send him back to Ukraine will do nothing, he'll be back crossing the southern border again in no time since we have no appetite to stop the flow of people into this country.

[rick35]

I think we’re stuck with him until he finishes serving whatever time he gets. Then we should send him back and take our chances that he doesn’t sneak back in.

[Sue Doe-Nym]

Originally Posted by MAXUM

Neither! I'd give this guy a tax payer paid one way plane ticket to the North Korean prison system. They seem to know how to deal with scum like this, and that to me would be a fitting end to this guy. A comfortable life behind bars or death here is not fitting enough for my taste. Send him back to Ukraine will do nothing, he'll be back crossing the southern border again in no time since we have no appetite to stop the flow of people into this country.

I couldn’t agree more....get him outta here...North Korea sounds just plain perfect. For good measure, include the truck company owners who were complicit. No mercy!

[fatlazyless]

What a surprise verdict of NOT GUILTY on ALL CHARGES against truck driver, Volodymyr Zhukovskyy, with the blame for the collision directed at the lead motorcyclist who was drunk and crossed the center yellow line ....... OUCH! ..... what a shocker! ...... totally holy moly ...... can you believe it! ..... .... like o.m.g! .... and jump'n Jehoshaphat!

Raw video: Volodymyr Zhukovskyy found not guilty at trial .... http://www.wmur.com/article/raw-vide...uilty/40850325 ... and the jury only deliberated their decisions for 2.5-hours so these were speedy decisions for the Coos County jury.

There were 15-charges against him; seven counts of manslaughter, seven counts of negligent homicide, and one count of reckless conduct.

http://www.concordmonitor.com/jury-d...trial-47539765 ..... read all about it!

[ApS]

Originally Posted by robmac

As of this afternoon he has an ICE detainer

There is a question as to his legal status as a U.S. citizen. The Feds had granted him a "green card".

Meanwhile, his Springfield, MA, trucking company (owned by a couple from the same foreign region) has been Federally charged of "cooking the books" to keep their drivers on the road longer:

https://dailyvoice.com/massachusetts...effort/804047/

[ishoot308]

Originally Posted by ApS

Driving drunk—underage: Nothing happens.

In possession of a crack pipe: Nothing happens.

2013 Larceny of Home Depot Warehouse: Nothing happens.

Wallet left at gas station, contained heroin and cocaine packets: Nothing happens.

Flipped 18-wheeler in Texas, another crack pipe: Nothing happens.

Arrested in Texas one month ago, gave fake name: Nothing happens.

May 11, crashed into brush, fails sobriety test in parking lot, arrested:

Connecticut RMV notifies Massachusetts RMV—Receives acknowledgment...Nothing happens.

June 13th, Lane infraction: Nothing happens.

➼ Something Happens!

60 hours after NH wreck: Nothing happens.

➼ Arrested in Massachusetts, heroin and cocaine found in home...

APS;

Your summary of events really put this unfortunate event into perspective and how irresponsible many parties were to even let this punk drive.

Thanks for taking the time to put this post together as you did!

Dan

[ApS]

It just occurred to me that if a prospective jurist had read the following, he/she would be rejected from the jury:

Originally Posted by ApS

Driving drunk—underage: Nothing happens.

In possession of a crack pipe: Nothing happens.

2013 Larceny of Home Depot Warehouse: Nothing happens.

Wallet left at gas station, contained heroin and cocaine packets: Nothing happens.

Flipped 18-wheeler in Texas, another crack pipe: Nothing happens.

Arrested in Texas one month ago, gave fake name: Nothing happens.

May 11, crashed into brush, fails sobriety test in parking lot, arrested:

Connecticut RMV notifies Massachusetts RMV—Receives acknowledgment...Nothing happens.

June 13th, Lane infraction: Nothing happens.

➼ Something Happens!

60 hours after NH wreck: Nothing happens.

➼ Arrested in Massachusetts, heroin and cocaine found in home...

Knowing his criminal history "prejudices" the jury.

[fatlazyless]

So, after three years locked up in jail, the killer collision happened June 21, 2019 in northern New Hampshire, the defendant is tried in court and quickly found 'not guilty' by a Coos County jury?

https:///www.wbur.org/news/2022/08/0...er-biker-crash ...... August 9, 2022

So ApS ...... you started this thread on June 22, 2019 ....... so, how the heck can this happen here in New Hampshire on August 9, 2022 ? ...

https:www.nhpd.org/offices ...... Attorney Jay Duguay, New Hampshire Public Defenders, Littleton NH

You know what ..... WBUR is totally and completely responsible for this ridiculous verdict and must be de-funded! .....

'Long 3 years: Trial to start in deaths of 7 motorcyclists' ..... https://www.newstribune.com/news/202...n-deaths-of-7/ ...... July 23, 2022

[MeredithMan]

...I was totally shocked when I saw that headline yesterday. For the guy to be acquitted on ALL charges, in a relatively quick deliberation, the prosecution must have botched the case or the defense was stellar.

[8gv]

Originally Posted by MeredithMan

...I was totally shocked when I saw that headline yesterday. For the guy to be acquitted on ALL charges, in a relatively quick deliberation, the prosecution must have botched the case or the defense was stellar.

Or...

That facts of the case tell a different story than the public was led to believe.

I get it.

Veterans killed, multiple offender druggy FROM ELSEWHERE... what's not to hate?

What if it was our truck that mixed it up with a lead bike that strayed across the line?

We could feel horrible for being in the wrong place at the wrong time but it wouldn't be our fault.

The truck driver is a criminal.

Let's deport him or send him to jail for any convictions he can receive.

[MeredithMan]

Originally Posted by 8gv

Or...

That facts of the case tell a different story than the public was led to believe.

I get it.

...I've been on a jury only once and that was a civil case, but the judge set the parameters of what evidence we could consider in our deliberations. Sounds like that was the case here too...you have to decide guilt or innocence within those boundaries. As someone posted earlier, there's the court of public opinion and the court of law...

[TiltonBB]

Now that the criminal trial is over, watch for the civil case to be brought by the affected parties and their relatives. The burden of proof is significantly lower.

However, any judgement would depend upon the insurance and assets of the driver, the truck owner, and any uninsured motorist coverage held by the motorcycle operators. The attorneys will do an extensive asset search as part of their due diligence to determine what financial recovery is available.

[fatlazyless]

Originally Posted by TiltonBB

Now that the criminal trial is over, watch for the civil case to be brought by the affected parties and their relatives. The burden of proof is significantly lower.

However, any judgement would depend upon the insurance and assets of the driver, the truck owner, and any uninsured motorist coverage held by the motorcycle operators. The attorneys will do an extensive asset search as part of their due diligence to determine what financial recovery is available.

So, now that this court case has described the lead motorcyclist as driving drunk and crossing over the center yellow line, seems that Zhukovskyy could countersue the lead motorcyclist's motorcycle insurance policy for his three years incarceration time in NH jail.

What caused this collision? ..... http://www.nbcnews.com/news/us-news/...sion-rcna42510 ... Aug 10, 2022 by Associated Press ...... So, who is at fault? ...... there is NO video?

With 77-different state liquor stores, excellent selection, and low low prices, the NH State Liquor Stores are the biggest interface between NH state government and NH state residents so's maybe the dead motorcyclists can sue the NH State Liquor for having such low prices and great selection! So, what caused this collision ...... speed, alcohol, drugs, and inattentive driving, crossing the CENTER YELLOW LINE all mixed up, together with everyone involved? ......

[mowtorman]

The machine is not dangerous as a powerboat is not dangerous. As with a boat, the driver can introduce danger into the picture with altering substances and how they drive. Motorcycles are small and nimble enough to avoid some accidents, but like the young man in Moultonboro hit by a vehicle secondary to a crash in front of him, the consequences are far worse. The State of NH Safe Rider course is excellent and very applicable to driving cars safely as well.

[swnoel]

The verdict to this surprised me... for a jury to decide this quickly, authorities must have done something terribly wrong against the defendant.

[hd333]

Originally Posted by TiltonBB

Now that the criminal trial is over, watch for the civil case to be brought by the affected parties and their relatives. The burden of proof is significantly lower.

However, any judgement would depend upon the insurance and assets of the driver, the truck owner, and any uninsured motorist coverage held by the motorcycle operators. The attorneys will do an extensive asset search as part of their due diligence to determine what financial recovery is available.

Based on the outcome if the trial would the civil suit be brought upon the family of the motorcyclist that was drunk?

Truck driver seems like a real scumbag, but from what I read the biker caused the accident.


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[SailinAway]

Very difficult case, not open and shut.

ABC News: "An expert hired by the defense testified that the crash happened on the center line of the road and would have occurred even if the truck was in the middle of its lane because Mazza’s motorcycle was heading in that direction."

Hmm . . . Sounds like the opposite could also have happened: The crash would have occurred even if all the motorcycles were in the middle of their lane because the truck was headed in that direction. Or would Zhukovsky have had time to swerve back into his lane and avoid a crash if the motorcycle had not struck his left front tire? We will never know that. My reading of the defense's reconstruction team's report is that the motorcycle hit the truck's tire first, while BOTH were on the center line. Apparently the state police retracted their first interpretation of what occurred.

Prosecutor: "Witnesses were consistent, he argued, in describing the truck as weaving back and forth before the crash. That behavior continued 'until he killed people,' Chase said.'" . . . "The only thing that stopped him was an embankment after he tore through a group of motorcycles."

The crux of the case: "The judge threw out the charges related to driving under the influence. Police never questioned Zhukovskyy’s sobriety at the crash scene and the judge ruled prosecutors had failed to prove he was impaired." Zhukovsky's blood was drawn two hours after the accident. "Donna Papsun of Pennsylvania-based NMS Labs said Monday that [heroin] was found in an amount 'below the reporting limit,' the concentration of substances that can be measured accurately."

If the decision in this case was wrong, the blame seems to rest partly with the prosecutors for not showing that Zhukovsky was impaired. However, it's not likely that an officer would arrive on the scene of that catastrophic crash and immediately get a sample of Zhukovsky's blood. Not at all surprising that it took two hours to get a sample.

Jurors can only decide a case based on the judge's instructions. In this case, the judge had already dismissed the DUI charges, so that could not enter into the jury's decision. Given that the judge ruled that the state didn't prove its DUI case, and the lab said there were not enough drugs detectable to prove impairment, who are we to say the opposite? At this point, no one knows or can prove whether Zhukovsky was impaired at the time of the accident. We only know that he was not impaired two hours after the accident. We do know that the motorcyclist was impaired at the time of the accident.

Clearly there was mutual fault on that day: drunk motorcyclist, possibly or probably impaired truck driver, both on the center line at the same time. "Possibly or probably" isn't enough to prove a case. If the motorcyclist hadn't been drunk, perhaps he could have taken evasive action.

Judgments can only be based on provable evidence, and the evidence was lacking in this case. That doesn't mean there never was any evidence; it only means that the prosecution was unable to produce the evidence, for whatever reason---because Zhukovsky actually wasn't impaired, the state police failed to collect the evidence in time, or the prosecutors were incompetent, it's impossible to say.

In that scenario, our justice system favors the defendant, who is innocent until proven guilty. I'm sure we would all want that protection of the law in our own cases. Some people are not satisfied with the verdict because "not proven guilty" does not mean that someone is actually not guilty and they suspect that Zhukovsky actually was guilty (as do I). We will never know in this case due to the lack of critical evidence about his impairment. We have to accept the outcome anyway, because a system based on "guilty until proven innocent" is not how our democracy works and none of us would want to live under that system.

Emotionally, I'm not satisfied with the verdict, but I believe it was the only legally defensible outcome due to lack of evidence presented in court. I think the jury made the right decision and that Sununu should have known that and not expressed a personal opinion on the case. The reason that people are upset is that something horrible happened that was clearly due to human error, and justice demands that serious human errors be punished. But first you have to prove the cause of the error and that did not happen in this case.

Quotes above taken from various news reports.