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

[ishoot308]

Originally Posted by John Mercier

Prior offenses would only be used for sentencing

If you would of read my post thoroughly, I said, "not if he took the stand to testify on his own behalf". The prosecuting attorney could of brought up and used his prior offenses against him as a "pattern of behavior" tactic to help determine guilt just like they tried at the Kyle Rittenhouse trial... But like I said previously, I'm not sure and highly doubt he did testify considering the outcome!

Originally Posted by John Mercier

The ''public'' doesn't decide the case... the jury does. It found him not guilty.
Pretty sure that the jury had access to blood tests and accident reconstruction data.

From what I have read and maybe misunderstood, the blood tests were thrown out for whatever reason...


No need to reply as I'm done on this...

Dan

[KPW]

Originally Posted by ishoot308

If you would of read my post thoroughly, I said, "not if he took the stand to testify on his own behalf". The prosecuting attorney could of brought up and used his prior offenses against him as a "pattern of behavior" tactic to help determine guilt just like they tried at the Kyle Rittenhouse trial... But like I said previously, I'm not sure and highly doubt he did testify considering the outcome!

From what I have read and maybe misunderstood, the blood tests were thrown out for whatever reason...


No need to reply as I'm done on this...

Dan

. It was determined that his blood tests came back under the minimum.

[fatlazyless]

So, the war in Ukraine with neighboring Russia has caused the U.S. Immigration Dept to effect a temporary deportation ban through October 19, 2023 for Ukraine residents. Volodymyr Zhukovskyy, no longer an accused defendant, is age-26, military fighting age, so possibly he can choose to return to Ukraine to enlist in the Ukraine military to fight against the invading Russian Army.

He is presently, August 12, 2022, locked-up somewhere in Pennsylvania at a federal detention facility awaiting deportation back to Ukraine which is apparently on hold due to the TDB, temporary deportation ban for Ukraine citizens. Living in Massachusetts since age-10, he is a citizen of Ukraine?

[LIforrelaxin]

Folks everyone is getting carried away here.... We live in America....

First there are always two trials...

The trial in the Press, where the press is never really held accountable, if they report incorrect assumptions as facts....

Then the Trial in the court room, where things are scrutinized. Which can end up in a complete contrary verdict, that doesn't agree with what the Press lead us to believe......

The laws and rules of this country where applied, a Jury provided a decision, we need to be done with this... Not continue to argue over what is write and what is wrong....

[FlyingScot]

Originally Posted by LIforrelaxin

Folks everyone is getting carried away here.... We live in America....

First there are always two trials...

The trial in the Press, where the press is never really held accountable, if they report incorrect assumptions as facts....

Then the Trial in the court room, where things are scrutinized. Which can end up in a complete contrary verdict, that doesn't agree with what the Press lead us to believe......

The laws and rules of this country where applied, a Jury provided a decision, we need to be done with this... Not continue to argue over what is write and what is wrong....

Just as the jury did with this bum of a defendant, let's be fair to the press and also hold ourselves accountable.

No one on this forum has cited any incorrect reporting. (A person's memory of an article from years ago does not count.) The LDS reporting has been excellent, especially for a small paper without a lot of resources. If I'm wrong here, I look forward to a link correcting me.

All of us, myself included, were ready to lock this guy up just based on his past behavior. That's on us, nobody else

[ishoot308]

I guess boatbottom952 felt it necessary to send me this by PM….

“Don't stop crying and taking your ball home with you. You were WRONG, so stop crying and move on. You entitled little ones make me laugh.”

Somehow I’m “entitled” “crying” and “I’m taking my ball home” because I asked John Mercier not to bother to respond as I was done on this topic. The only reason I said that is unlike some, I don’t need or care to get the last word in on any topic. This is just an Internet forum that’s supposed be somewhat fun, and relevant to the lake.

Always love people who hide behind screen names and send nasty PM’s to other forum members anonymously acting like a tough guy…

Well broadbottom I’m not going anywhere and you should stop playing on your mothers computer!

Dan

[thinkxingu]

Originally Posted by ishoot308

I guess boatbottom952 felt it necessary to send me this by PM….

“Don't stop crying and taking your ball home with you. You were WRONG, so stop crying and move on. You entitled little ones make me laugh.”

Somehow I’m “entitled” “crying” and “I’m taking my ball home” because I asked John Mercier not to bother to respond as I was done on this topic. The only reason I said that is unlike some, I don’t need or care to get the last word in on any topic. This is just an Internet forum that’s supposed be somewhat fun, and relevant to the lake.

Always love people who hide behind screen names and send nasty PM’s to other forum members anonymously acting like a tough guy…

Well broadbottom I’m not going anywhere and you should stop playing on your mothers computer!

Dan

How is this tool still a member after going after Sue and admin learning that s/he has two other usernames that also have been unforumlike?

Sent from my SM-G990U1 using Tapatalk

[ishoot308]

Originally Posted by LIforrelaxin

Folks everyone is getting carried away here.... We live in America....

First there are always two trials...

The trial in the Press, where the press is never really held accountable, if they report incorrect assumptions as facts....

Then the Trial in the court room, where things are scrutinized. Which can end up in a complete contrary verdict, that doesn't agree with what the Press lead us to believe......

The laws and rules of this country where applied, a Jury provided a decision, we need to be done with this... Not continue to argue over what is write and what is wrong....

Nicely stated LI! This was a tough one for me being both a former Marine and semi retired biker it hit close to home… But yes I agree and as I stated previously, I am done with it.

Now why did I reply??..

Have a great weekend!

Dan

[FlyingScot]

Hi Dan,

You're right--this BS should see sunshine...

A couple of weeks ago I received an email alert that I had this PM from Boatbottom:

"It really isn't any of your Business. Focus on changing your state of Mass. Gunstock is not your concern."

The message was not in my Forum box when I checked, so I figured Boatbottom or Don had axed it, and I just decided to let it go.

But this guy needs to stop harassing people, and maybe if we all share this stuff it will end

[dickiej]

For those of you wrestling with the “ beyond a reasonable doubt” concept, ask yourself one question: which is worse….convicting an innocent person to jail, or letting a guilty person off. ?

[thinkxingu]

Originally Posted by dickiej

For those of you wrestling with the “ beyond a reasonable doubt” concept, ask yourself one question: which is worse….convicting an innocent person to jail, or letting a guilty person off. ?

That depends—does the person have an extensive criminal history, including drug and alcohol charges and a license that was supposed to have been revoked as a result of previous offenses?

Sent from my SM-G990U1 using Tapatalk

[John Mercier]

Originally Posted by thinkxingu

That depends—does the person have an extensive criminal history, including drug and alcohol charges and a license that was supposed to have been revoked as a result of previous offenses?

Sent from my SM-G990U1 using Tapatalk

That would be a preconception of guilt.
Courts work very hard to avoid a preconception of guilt or innocence among the jurors.

[Poor Richard]

Every single charge the state brought was dropped. That on its own says plenty about the integrity of the state's evidence.

Seems plenty of folks in general still want to hang this young man and choose to completely ignore the fact that the motorcyclists have just as much responsibility here, being over the legal BAC limit and all.

There is a group of people involved who aren't taking a long hard look at their own actions and the young man is the only one being persecuted as a result.

I think it's a horrible situation all around. Hopefully someone somewhere is learning or has learned something from all this.

[Sue Doe-Nym]

It’s really pathetic, but I have observed that the PM is the perfect chosen vehicle for the cowards, bullies, and misfits who haven’t the courage to post their ideas or grievances on an open forum…..sick and creepy.

[webmaster]

Originally Posted by Sue Doe-Nym

It’s really pathetic, but I have observed that the PM is the perfect chosen vehicle for the cowards, bullies, and misfits who haven’t the courage to post their ideas or grievances on an open forum…..sick and creepy.

Sorry that you've received those PMs Sue. While I receive notifications of every forum post and new member I don't get notified of PM activity and can't see them unless I tunnel down into the database, which I rarely do. PMs are supposed to be private and I don't get involved unless someone points out a problem.

Although Boatbottom952/Fritoman/subaruliving has been heavily restricted already I've now taken additional steps to keep them out. You shouldn't get any more PMs like those but please let me know if you do.

[fatlazyless]

With motorcycles drivers supposedly TWENTY EIGHT times more likely to get killed than a car driver, what really makes the difference for the motorcyclist is their level of perfomance and their alertness. Some motorcyclists go their whole life without a crash, while others have a crash early on.

One thing for sure is that a large pickup truck offers way more protection than a 500-lb motorcycle. Motorcycles just look really cool & dynamic even when standing still ..... they are like a work of art, driving machine that hooks people onto riding them.

Once you is dead ..... that's all there is .... the end. Is riding a motorcycle worth the high risk? ......

If the Fallen-7 had been riding in five different Subaru's and not on Harley Davidson's ....... there would have been much much less death for evryone. So's maybe you Harley riders want to go trade in that Harley and go get yo-self a Subaru!

[John Mercier]

Depends.
When I rode, that was all I could afford - an inexpensive used motorcycle that got what at that time was great gas mileage.

I had to go from Belmont to my job in Holderness, so motorized was the only option.

[fatlazyless]

Originally Posted by John Mercier

Depends.
When I rode, that was all I could afford - an inexpensive used motorcycle that got what at that time was great gas mileage.

Lemme guess here ..... it had to be a 1966 Honda-95 Classic what with its cost value/mile coefficient .... http://www.smartcycleguide.com/motor.../1966-honda-50 ..... plus you meet the nicest people on a Honda! ...

[John Mercier]

Not quite. By the time I was driving, those would have been nearly a classic.

I bought cheap CM400 that was about seven years old. No one ''aspired'' to be seen on one. I was getting in the low 40s for mpg.

[lagoon]

Originally Posted by fatlazyless

With motorcycles drivers supposedly TWENTY EIGHT times more likely to get killed than a car driver, what really makes the difference for the motorcyclist is their level of perfomance and their alertness. Some motorcyclists go their whole life without a crash, while others have a crash early on.

One thing for sure is that a large pickup truck offers way more protection than a 500-lb motorcycle. Motorcycles just look really cool & dynamic even when standing still ..... they are like a work of art, driving machine that hooks people onto riding them.

Once you is dead ..... that's all there is .... the end. Is riding a motorcycle worth the high risk? ......

If the Fallen-7 had been riding in five different Subaru's and not on Harley Davidson's ....... there would have been much much less death for evryone. So's maybe you Harley riders want to go trade in that Harley and go get yo-self a Subaru!

Well respectfully I find your post pretty narrow minded. I both drive and ride and I do expand my zone of awareness hugely when riding. That being said this kid was drugged for sure and even if one rider was also "drugged" on drink that was his problem. The truck driver had much more to be responsible for as he was driving a tank versus a bike. It matters little than one or two bikers were also legally over the limit, this kid was totally stoned out and I think his license was also removed before for cause. he is guilty and needs to serve time and never drive again.

[John Mercier]

Stoned?
So you saw the blood test, and even though it was thrown out as being under any limit to cause impairment... you are sure he was stoned?

He also, according to the reconstruction, remained in his lane.

Not to mention he was found not guilty; and doubtful will never drive again in the US as he is being deported.

So I think everyone is being a bit narrow minded.

[FlyingScot]

Originally Posted by lagoon

Well respectfully I find your post pretty narrow minded. I both drive and ride and I do expand my zone of awareness hugely when riding. That being said this kid was drugged for sure and even if one rider was also "drugged" on drink that was his problem. The truck driver had much more to be responsible for as he was driving a tank versus a bike. It matters little than one or two bikers were also legally over the limit, this kid was totally stoned out and I think his license was also removed before for cause. he is guilty and needs to serve time and never drive again.

I'm not sure if you've seen all the articles? It's true the kid's a druggie and has spent much of his life wasted. But blood tests and police statements on field sobriety both say he was sober at the time of collision.

[mowtorman]

People die on boats every year. People fall out, run people over, crash going out to dinner and hit stationary objects. Are boats dangerous or do they require common sense, regular upkeep and respect?

Twenty eight times as deadly as walking the WOW trail at 2 am? It's all relative. The machine is not dangerous. Is it an issue in the live free or die state, no helmets weather or not someone chooses to ride a motorcycle? Are the open air Spyders, trikes and Can Ams any safer?

I'm not sure what the point is other than a personal choice would be to not ride a Harley or any other brand of motorcycle. Does it relate to the ride and crash?

Is choice always right or wrong?

[garysanfran]

In the beginning, the media screwed-up this story big time. They reported the truck driver's background before learning the facts of toxicology testing on the motorcyclists. By then public opinion became mob rule and has remained that way. The media is always very slow to report itself wrong.

[TiltonBB]

Originally Posted by lagoon

It matters little than one or two bikers were also legally over the limit, this kid was totally stoned out and I think his license was also removed before for cause. he is guilty and needs to serve time and never drive again.

Misinformation.

The facts stated in court do not support the conclusion of impairment. His license was not suspended or "removed" at the time of the accident.

[ApS]

Originally Posted by TiltonBB

Misinformation.

The facts stated in court do not support the conclusion of impairment. His license was not suspended or "removed" at the time of the accident.

Besides the fact he took heroin and cocaine that morning, admitted to being responsible for the crash, there was plenty to know. (Even his defense attorneys admitted he was over the yellow line, and then, they found alcohol among the dead bikers).

The next day, I'd like to be that journalist who followed up the jurors' reactions. How would you feel as a juror in this case, returning home and reading the following?

‣ Massachusetts Registry of Motor Vehicles records show that Zhukovskyy’s license had been temporarily suspended shortly after a 2013 arrest in Westfield because he was deemed an “immediate threat.”

‣ The Westfield News reported in 2014 that Zhukovskyy was placed on probation for one year and had his license suspended for 210 days in that case.

‣ The video of his February arrest at a Denny’s restaurant in Baytown [TX] showed a jittery man hopped up on something that wouldn’t allow him to stand still. Officers responded to the restaurant for a complaint about a customer who was “talking to himself and acting strange” and banging on the counter, the Boston Herald reported.

‣ Zhukovskyy’s license had been suspended for several years after a drunk driving incident in Westfield, MassLive reported.

‣ And on June 3, five months after his February arrest in Baytown, he rolled an 18-wheeler in the same area, the Boston Herald reported.

That wreck occurred just two weeks before Zhukovskyy plowed into the motorcycle club in New England.

He's so unlucky.

[Mr. V]

Originally Posted by ApS

He's so unlucky.

Just the opposite, actually: he beat the rap.

[ApS]

Originally Posted by Mr. V

Just the opposite, actually: he beat the rap.

1) Yes, he did. Criminal-Defense Lawyers can be proud of themselves.

2) However, I followed the same empty car-hauler up a large, but steep hill with diesel pumps at one location and gasoline at the other. Not knowing my way around that location, I followed "them" at a distance. The pickup truck towing the trailer MADE HUGE TURNS, just like an 18-wheeler.

3) I recall the defendant took a gentle right turn with a slight rise in the roadway before "intersecting" with the motorcycles. In my mind's eye, I can see the trailer whip-sawing across the victims' path, and needing to correct for the whip-saw.

(Boating analogy: Think of kids riding in a towed tube after a sharp turn).

Especially with excessive speed, that would put the "inebriated" lead-motorcyclist under the left wheel of the subject's truck. (!)

And make the confession of guilt very real! 😱

IF the NH Highway Patrol didn't take the identical path in their reconstruction (if a reconstruction was done at all)...well..shame on them--and the Coös County prosecuting attorneys.

4) Another observation on the same afternoon, do bikers traveling in groups knowingly put the noisiest motorcycle in the back of the group? (Not kidding).

[ApS]

https://www.wmur.com/article/volodym...order/42816116

[Mr. V]

Originally Posted by ApS

https://www.wmur.com/article/volodym...order/42816116

Gosh, I'd have thought he'd have returned already to take up arms to defend his homeland.

[TiltonBB]

From the Boston Herald:

A judge has ordered the deportation of a commercial truck driver from Ukraine who was taken into custody by immigration authorities last year shortly after he was acquitted of causing the deaths of seven motorcyclists in New Hampshire.

Volodymyr Zhukovskyy, 27, of West Springfield, Mass., had a series of immigration hearings after he was acquitted in August on seven counts of manslaughter, seven counts of negligent homicide and one count of reckless conduct. The charges stemmed from a June 21, 2019, crash in Randolph, N.H., that killed seven members of the Jarheads Motorcycle Club, an organization of Marine Corps veterans and their spouses.

Zhukovskyy’s attorney has asked for asylum for his client, who came to the U.S. when he was 10 years old. His lawyers say he has permanent residency status. However, on Feb. 3, the immigration judge ordered Zhukovskyy’s removal, according to the Executive Office for Immigration Review.

[ishoot308]

The reason for the deportation is not related to the accident though I am sure it highlighted his prior criminal history. He is now seeking asylum...Why in God's name would we ever offer asylum to someone with this kind of prior criminal record????... From WMUR...

"While Zhukovskyy was found not guilty on all counts in the Randolph crash case, officials previously told WMUR he has multiple prior convictions in other cases, including possession of cocaine and heroin, possession of drug paraphernalia, driving under suspension, furnishing false information to an officer and larceny."

Dan

[TiltonBB]

Originally Posted by ApS

That wreck occurred just two weeks before Zhukovskyy plowed into the motorcycle club in New England.

He's so unlucky.

Did he plow into them, or did they plow into him? The reconstruction shows he was on his side of the center line.

His driving history, while filled with problems, did not come into consideration in the not guilty finding.

Too many motorcycle operators hug the center line or ride side by side. Definitely less safe than riding more to the right and single file.

[ApS]

Originally Posted by TiltonBB

Did he plow into them, or did they plow into him? The reconstruction shows he was on his side of the center line.

His driving history, while filled with problems, did not come into consideration in the not guilty finding.

Too many motorcycle operators hug the center line or ride side by side. Definitely less safe than riding more to the right and single file.

Zhukovskyy's truck could be shown to have been "on his side of the center line", but where was the trailer? In an over-reaction, the trailer had whip-sawed across the center line and carried away the stream of bikers. (Even empty, these car-carrier trailers are long and heavy).

As for violations, the Bay State perpetrator over at Long Lake had a traffic record of 20 convictions before he ran over two stargazing boaters.

How about this week's driver with 164 traffic violations, before he killed a teen on her way to school? How could he drive down public streets without a driver's license--for thirty years?

We should demand more of our Justice system: Judges should be held to account.

I'm automatically excused from jury duty--that should be changed, too.

[John Mercier]

The judge didn't decide innocence... the jury did.

[FlyingScot]

Originally Posted by ApS

I'm automatically excused from jury duty--that should be changed, too.

I would not normally pry, but since you brought it up--why?

[winni83]

In my case I am excused due to age (70 or over). APS may have other disqualifying factors 😎

[ApS]

Originally Posted by John Mercier

The judge didn't decide innocence... the jury did.

The jury receives detailed "instructions" from the judge--who allow themselves a great deal of latitude.

Originally Posted by FlyingScot

I would not normally pry, but since you brought it up--why?

One can "pry" here:

https://www.winnipesaukee.com/forums/member.php?u=1199

[John Mercier]

The detailed instructions are to avoid bias.
You're just unhappy with the outcome... something that can be said of at least someone after every decision.

[Sue Doe-Nym]

Originally Posted by webmaster

Sorry that you've received those PMs Sue. While I receive notifications of every forum post and new member I don't get notified of PM activity and can't see them unless I tunnel down into the database, which I rarely do. PMs are supposed to be private and I don't get involved unless someone points out a problem.

Although Boatbottom952/Fritoman/subaruliving has been heavily restricted already I've now taken additional steps to keep them out. You shouldn't get any more PMs like those but please let me know if you do.

Thanks on behalf of all who find this creepy behavior annoying. However, I am a big girl and can take it, so don’t go to extreme measures for me….I was just pointing out the creepiness of supposed adults who are immature cowards. From now on, they should simply be ignored, and that’s my plan.

[TiltonBB]

Zhukovskyy had admitted having taken a mixture of heroin, cocaine, and fentanyl at 8 a.m. on the day of the fatal crash.

Sure, get him back on the road. What could possibly go wrong?

Zhukovskyy is also awaiting deportation to his native country Ukraine. But deportations to that country have been suspended because of the armed conflict there with Russia, which ICE officials say prevents them from safely returning individuals to the country.

https://www.laconiadailysun.com/news...567a9f29c.html

[fatlazyless]

Originally Posted by TiltonBB

Zhukovskyy had admitted having taken a mixture of heroin, cocaine, and fentanyl at 8 a.m. on the day of the fatal crash.

Sure, get him back on the road. What could possibly go wrong?

State of New Hampshire v. Volodymyr Zhukovskyy ...... http://www.courts.nh.gov/media/reque...myr-zhukovskyy ..... (CASE CLOSED)

August 9, 2022, 3-pm, at the court house in Lancaster N.H., " It took the jury about two hours to reach a verdict on the 15 charges Volodymyr Zhukovskyy faced."

"Zhukovskyy faced seven counts of manslaughter and seven counts of negligent homicide, in addition to a charge of reckless conduct. He was found not guilty on all charges."

http://www.wmur.com/article/randolph...rdict/40850159

Was he driving a large, old Ford pick-up truck with four wheels with Massachusetts plates and towing a goose neck trailer capable to carry three vehicles that was empty at the time of the collision on June 21, 2019 in Randolph NH on Route 2, heading west or what?

There is no video that shows the collision happening between the pick-up truck and the motorcycles. Motorcycles are supposedly 28-times more likely to be involved in a deadly crash .... www.wikipedia.org/wiki/Motorcycle_safety ..... than an automobile which makes motorcycles a heck of a lot more dangerous for their driver and rider than for people in a car or truck.

[Mr. V]

Originally Posted by TiltonBB

Zhukovskyy is also awaiting deportation to his native country Ukraine. But deportations to that country have been suspended because of the armed conflict there with Russia, which ICE officials say prevents them from safely returning individuals to the country.

What if instead of being yet another American junky he wanted to return to Ukraine to fight the Russians?

Were he to offer to "take the risks:" would they let him go, e.g. fly him to Poland and let him figure out the rest of it?