The New Hampshire Supreme Court said Tuesday that a motion for an evidentiary bail hearing has been filed in the State v. Volodymyr Zhukovskyy case by the defendant's lawyers.
The 23-year-old Zhukovskyy of Springfield, Mass., was charged with several offenses after a crash on June 21 in Randolph, N.H. Prosecutors say he was the driver of a truck that struck and killed seven motorcyclists and injured two. A court affidavit revealed several witnesses say they saw Zhukovskyy weaving and crossing the centerline at least twice before plowing into a group of 15 motorcycles.
He has been indicted on 23 counts that include reckless manslaughter and negligent homicide/driving under the influence.
He is pleading not guilty to the charges.
The motion for an evidentiary bail hearing was filed by Zhukovskyy’s public defenders on March 27. The state has 10 days from the date of filing to file an objection. The court will then determine if a hearing on the motion will be scheduled. Currently, all bail hearings at Coos Superior Court are conducted via video.
A judge deemed him a threat to the public and ordered him detained at the Coos County Jail, where has remained. Zhukovskyy was due in court to face his charges in October but waived his arraignment.
The new motion says, “Since that time the state has provided discovery that has substantially altered the original information available at the time of the bail hearing.”
The defenders cite a recently disclosed report from an independent accident reconstruction firm which shows the State Police CAR Team’s initial assessment of the crash was “deeply flawed.”
Additionally, the motion says autopsy reports show Alert Mazza’s, one of the motorcyclists involved in the crash, blood alcohol concentration was .135.
“Given the dramatically different factual circumstances as they are known at this time, Mr. Zhukovskyy respectfully requests an evidentiary hearing on the continuing need for preventative detention,” the motion says.
The defense argues Zhukovskyy would not present a danger to himself or others and, “concerns about appearance for trial could be addressed through appropriate measures including living with his parents where he returned and remained after the accident, surrendering his passport, and not operating a motor vehicle while on bail.”
Based on the findings listed in the motion, the defense is requesting an evidentiary hearing “on the continuing need for preventative detention and his release on conditions of bail.”