In this July 6, 2019, photo, motorcyclists visit a memorial for seven bikers killed in a collision with a pickup truck last month while participating in the Ride for the Fallen 7 in Randolph.
AP File / Paul Hayes
CONCORD — A hearing on Volodymyr Zhukovskyy’s request to get his New Hampshire driving privileges restored has been pushed back until at least next month. The truck driver in the 2019 crash that took the lives of seven members of the Jarheads Motorcycle Club, Zhukovskyy filed a request with the New Hampshire Department of Safety last September to lift the suspension of his driving license.
A Coos County Superior Court jury, in August 2022, found Zhukovskyy not guilty of all criminal charges in connection with crash on Route 2 in Randolph, including multiple counts of manslaughter and negligent homicide.
The hearing on Zhukovskyy’s license was originally scheduled for last October but the date has been changed several times. A date for the final hearing has still not been set by the parties but Hearing Officer Christopher Casko said a pre-hearing conference must be held no later than the end of January.
When the hearing is held, Zhukovskyy will not be able to attend it in person. Casko granted a request by the state that Zhukovskyy attend by video conference. The state said it has genuine concern for Zhukovskyy’s safety given the emotions surrounding the verdict. Casko wrote that he would be able to conduct the hearing in a fair and impartial manner with Zhukovskyy appearing remotely.
Representing Zhukovskyy, Attorney Earle Wingate III of Concord objected, noting the trial was high profile and security had been provided.
“It is unique in my experience for the state to seek to bar a respondent from attending his own administrative hearing,” Wingate said.
Days after the June 19, 2019, fatal crash, the Department of Safety suspended Zhukovskyy’s license based on a request from N.H. State Police.
This past September, Zhukovskyy filed a request with the N.H. Department of Safety to get his license restored.
“I would like to request a hearing to get my license back,” he wrote.
According to documents released Friday in response to a request filed by the Berlin Sun, a hearing on Zhukovskyy’s license was originally scheduled for Oct. 3. Both sides agreed to push the hearing to November and then to Dec. 20. Six days before the hearing, Zhukovskyy filed a motion, requesting that the hearing examiner review relevant parts of trial testimony by watching the WMUR television recording of the trial. He also requested all police and state expert reports as well as toxicology reports on himself and all people killed in crash.
Casko denied the request that he view footage of the trial, writing that the state may present its case as it chooses. He said Zhukovskyy can argue to admit evidence from the trial. Casko pointed out that the state has the burden of proving “by a preponderance of the evidence” that Zhukovskyy caused or materially contributed to the fatal crash.
The hearing officer, however, ruled Zhukovskyy is entitled to discovery and said the state cannot assume he has full discovery from the trial. He ordered the two parties to meet and determine what discovery is required.
The 27-year-old Zhukovskyy is awaiting deportation to his native country Ukraine. After his acquittal, Zhoukovskyy was immediately 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 last April. Under an Order of Supervision, immigrants are allowed to live and work in the U.S. provided the individual meets regularly with ICE representatives and agree to follow a specific set of conditions.
These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.
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