Judge dismisses DUI charges against Zhukovskyy

Bornstein said those charges are related to whether Zhukovskyy was driving negligently or recklessly, not whether he was impaired.

The state closed its case with testimony by one of the Jarhead motorcyclists who survived the crash that killed seven members of the club.

Josh Morin of Dalton, Mass., described the black truck crossing into the bikers’ lane of travel and striking the lead motorcyclist, Albert Mazza. He said his friend’s upper torso and head snapped back, Mazza’s helmet came back, and then there was a cloud of dust and debris.

“I couldn’t believe what I was seeing,” Morin said. ”All of a sudden, I feel a blow that kind of just hit me in the chest and shoulder and spun me.” The next thing he said he remembers is being on the side of the road on his right side in a fetal position.

Zhukovskyy, 26, of West Springfield, Mass., is charged with multiple counts of negligent homicide, negligent homicide-DUI, and manslaughter in the death of Mazza and six other members of the Jarheads Motorcycle Club on June 21, 2019, on Route 2 in Randolph.

Also killed were Michael Ferazzi of Contoocook; Desma Oakes of Concord; Aaron Perry of Farmington; Daniel Pereira of Riverside, R.I.; and Jo-Ann and Edward Corr of Lakeville, Mass.

Zhukovskyy has pleaded not guilty to all counts, alleging the crash was caused by the lead motorcyclist crossing the center line into the pickup truck and trailer driven by Zhukovskyy.

The state’s decision to close its case after the testimony of Morin appeared to catch the court by surprise. No defense witnesses had been asked to show up, so jurors got out shortly after lunch.

Severely injured in the crash, Morin testified he has undergone 25 surgeries and still has trouble walking. He said he came up to the Mt. Jefferson View Cabins and Motel on the day of the accident on his motorcycle with his wife following in their truck for the weekend.

When they arrived, he said club members had a pot luck dinner going and were barbecuing on the grill. At about 5:30 p.m., Morin said the group started getting ready to drive to the American Legion in Gorham to help the veterans organization by spending money there.

He explained the Jarheads ride in formation by club rank with the president in the lead position. As the lead bike, Morin said Mazza rode close to the center line. Morin was third in the formation, opposite Manny Ribeiro.

A trauma nurse by profession, Morin said he knew he was seriously injured. He assessed that he had a bad compound fracture in his leg with the femur sticking out. He was bleeding heavily and could see his leg swelling above the break in his jeans.

Morin asked Ribeiro to use his belt as a tourniquet to stop the bleeding. The first belt broke as did a second one until finally they found a ratchet strap that they used. A doctor at the scene came to help, and she and others kept talking to him until the EMTs arrived, put him in an ambulance, and he eventually was flown to Maine Medical Center in Portland, Maine. He spent weeks in the hospital.

Morin testified he had one vodka and seltzer at the motel that he made for himself. He said he did not see Mazza drinking.

Defense Attorney Steve Mirkin noted Maine State Police asked Morin about alcohol use during an interview while he was in the hospital. But he said N.H. State Police didn’t inquire until the fall of 2021.

Mirkin challenged Morin about the club’s policy towards safety, pointing out Mazza was well over the legal limit for alcohol as he led the formation. Morin denied that there had been talk that Mazza would travel to Gorham by car that night.

Morin said nothing about Mazza’s behavior that night caused him to believe he was impaired. He argued Mazza had a tolerance for alcohol.

“Like I said, counselor, his behavior did not indicate to me in my professional nursing opinion, any indication that he was impaired beyond a reasonable ability to drive his motor vehicle,” Morin said.

The day started with N.H. Chief Medical Examiner Jennie Duval completing her testimony, begun Tuesday, about the autopsy results of the seven JarHeads killed in the crash.

Over the two days, Duval described her autopsy of Jarheads President Albert Mazza, one of seven members of the motorcycle club killed in the June 21, 2019, crash on Route 2 in Randolph.

Also killed were Michael Ferazzi of Contoocook; Desma Oakes of Concord; Aaron Perry of Farmington; Daniel Pereira of Riverside, R.I.; and Jo-Ann and Edward Corr of Lakeville, Mass.

Duval said the cause of Mazza’s death was a severe head injury. She also reported his blood alcohol level was .135, well above the legal limit.

Most of the day Tuesday, jurors listened to a taped interview of Zhukovskyy discussing his drug use the day of the crash as the trial continued in Coos County Superior Court.

Three days after the crash, Zhulovskyy was interviewed by N.H. State Police Detective Shawn Torsey and Detective Sgt. Michael McLaughlin at the Springfield, Mass., police station.

He told the officers he had snorted two bags of a mixture of heroin and fentanyl stamped “Superman” followed by half a gram of cocaine at about 8 a.m. Zhukovskyy said he generally had a 10-12-hour window before he would begin to experience withdrawal symptoms.

Noting that Zhukovskyy had overdosed the month before and had to be revived with two doses of Narcan, the officers asked him if he thought he had a drug problem.

“I kind of do,” he responded on the video.

He also complained that he was feeling sick and cold at the June 24, 2019, interview because he had not had any drugs for several days and requested a blanket.

Defense Attorney Steve Mirkin pointed out the officers asked Zhukovskyy 20 times if he was crashing or impaired at the time of the accident, and he repeatedly said he felt fine.

 “I was feeling OK,” he told the officers.

Zhukovskyy asked several times for the results of his blood tests, and Torsey testified he only had preliminary results and did not share them.

On the video, Zhukovskyy testified he got out of the truck and was screaming “No, Thank God, No.” He said he was truly sorry for what happened and said it is something he is going to have to live with. Torsey said the crash was not an accident and asked Zhukovskyy if he should have been driving that day.

Zhukovskyy said if he had not been driving, there would not have been an accident but again said he was feeling fine as he left the dealership to drive home.

The defense will begin its case Thursday in Coos County Superior Court.