By Barbara Tetreault
THE CONWAY DAILY SUN
LANCASTER — While arguing Volodymr Zhukovskyy caused the crash that killed seven members of the JarHead Motorcycle Club in Randolph back in June 2019, Coos County Attorney John McCormick Tuesday said the state does not have to prove he was the only cause of the collision.
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.
Zhukovskyy, 27, of West Springfield, Mass., had delivered a vehicle to Berlin City dealerships in Gorham and was driving a truck and trailer west on Route 2 when the truck collided with the group of Jarhead motorcyclists traveling east to the American Legion Post in Gorham.
He is charged with 23 counts including multiple counts of manslaughter, impaired negligent homicide, and negligent homicide. Zhukovskyy has pleaded not guilty to all counts.
“The evidence is going to clearly prove that the defendant was a substantial factor in causing the crash. And that’s what we have to prove,” McCormick said in his opening statement. He said state law does not require them “to prove to you that the defendant was the only cause of the crime.”
In his opening statement, Public Defender Steve Mirkin said his client did not cause the crash. He placed the blame totally on Jarhead President Albert Mazza for driving while intoxicated.
Opening statements and the first witnesses testified Tuesday in Coos County Superior Court. Jurors took a view of the crash site on Monday.
Repeatedly using words like reckless, negligent and out-of-control, McCormick said the state will present witnesses who will testify that Zhukovskyy was driving erratically that day, including at the dealership and shortly before the crash. The county attorney said Zhukovskyy admitted at the scene that he was not paying attention and his truck might have crossed the center line. McCormick said Zhukovskyy also told authorities he had snorted a concoction of heroin and fentanyl and taken cocaine at 8 a.m. that morning. He said the defendant knew how dangerous heroin was because he had overdosed on the drug six weeks prior to the crash and had to be given three doses of the drug Narcan to revive him.
McCormick said the Jarhead club is made up of former Marines and their families, and they ride motorcycles together and raise money for veteran causes. They were having their annual meeting the next day at the Legion in Gorham. Many were staying at the Mt. Jefferson View Cabins and had arrived by Friday and spent the day catching up and barbecuing.
McCormick said Mazza blood test results show he was above the legal limit. While he said the state is not condoning Mazza’s decision to drink and drive, McCormick said Mazza was driving straight in his lane and was not the cause of the accident.
The cause, he said, was the defendant’s “reckless driving, reckless decision to take heroin and other illegal drugs, his choice to not pay attention, to fail to follow the rules of the road” that caused the crash and the deaths of the seven people.
Mirkin painted a different picture. He said two accident reconstruction experts have ruled Mazza’s motorcycle was riding the middle of the road and crossed the center line into the path of the truck.
He said there is testimony that Mazza had turned his head to look back at the motorcycles going into formation.
The defense reminded the jury to listen carefully to eyewitnesses, pointing out that the crash happened quickly with little time to register. Mirkin said it has also been three years since the crash and memories fade. He also advised the jury to read the transcript of the admissions Zhukovskyy made to law enforcement and charged police sought to put words in his mouth.
“Over and over until they bore him down and got him to agree with what they told him they wanted him to say,” Mirkin charged.
The defense also addressed the issue of impairment. Mirkin said the initial blood test showed Zhukovskyy’s levels were below the minimum threshold for reporting. The defense attorney said they will call an expert witness who will testify Zhukovskyy was not impaired at the time of the crash. Mirkin noted that after the crash, Zhukovskyy was interviewed for over an hour by two state police officers. None reported he was impaired.
Mirkin, however, said with a blood alcohol level of .135, Mazza was well over the legal limit of .08.
“Drunk drivers kill, and Al Mazza was drunk,” he said.
After the opening statements, testimony got underway with the state calling to the stand a stream of witnesses to testify about seeing the truck before the accident and at the dealership in Gorham. Testimony is expected to continue for several weeks.
Friends and family members of the victims were in attendance.
Prosecuting are McCormick along with state Assistant Attorney Generals Scott Chase and Joshua Speicher. Along with Mirkin, Public Defender Jay Duguay is representing Zhukovskyy.
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