Biker News & Biker Lifestyle

Oh Hell No!! Loophole in New Hampshire law may prevent suspect from facing criminal charges

New Age of Biking and Brotherhood

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WEST SPRINGFIELD, MA (WGGB/WSHM) – Today marks one week since a West Springfield man crashed the flatbed tractor trailer he was driving, killing seven motorcyclists in New Hampshire.

23-year-old Volodymyr Zhukovskyy is currently being held on a detention order without bail, but we’re learning, because of the way New Hampshire laws are written, there’s a chance he might not be criminally charged.

Right now, Zhukovskyy faces seven negligent homicide charges.

Police say his truck crossed the center line of the road, striking the motorcyclists, but there’s currently no evidence that anything, like texting, distracted driving, or impairment, caused him to cross the line.

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A former New Hampshire state prosecutor says he may be able to await his trial without remaining in jail.

“Very tragically, seven people lost their lives. No one is arguing that that’s not tragic, but, in terms of dangerousness to the community, is this likely to occur again if this person is released?” asked former New Hampshire state prosecutor Patricia LaFlare.

A former New Hampshire state prosecutor argues that Volodymyr Zhukovskyy could await his trial out of jail.

She says, under New Hampshire law, absent a provable distraction, like texting or driving under the influence, Zhukovskyy’s crossing of the center line is not enough to charge him criminally in the crash that killed seven motorcyclists.

She says his former troubled driving history could play a role in determining a potential bail amount.

“Again, when you’re determining dangerousness, you’re really talking about in the moment,” says LaFlare.

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Western Mass News checked with Hampden County District Attorney Anthony Gulluni and he says the same is not true in Massachusetts.

“There are grades, so, if there isn’t sort of a, so to speak, aggravating factor, like distraction, texting…if there isn’t one of those aspects, at least that we can prove. The standard then becomes negligent driving and then the penalty is a range, but that range could be probation, house of correction time, and, in some cases, state prison time,” stated Gulluni.

Coos county lawyers say Zhukovskyy was allowed to leave the accident and return home after being questioned, saying they needed to establish probable cause before arresting him.

Gulluni says the Bay State’s action wouldn’t have likely been the same.

“Every case is different, but I’m fairly confident in saying now that, if there is probable cause to believe that a crime was committed, a police officer can generally place a person under arrest. Given the severity of the offense and the loss of life in particular, an individual in Massachusetts would not have left the scene by his own volition,” stated Gulluni.

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Still, he acknowledges the trauma of the accident would have put a strain on the first responders, whose first priority is to preserve as many lives as possible, rather than prosecute.

“I am just taken by the tragedy of it all. I think most people are. I certainly would not criticize law enforcement. I’m sure they are doing their jobs to the best of their ability. It was a very complicated incident, obviously an incident that has rendered seven families now into grief,” added Gulluni.

Zhukovskyy’s trial is set to begin in November.

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10 comments

  1. Nobody wants to admit that they voted for democrats!

    The demorat legislature created the loophole….
    The demorats allowed this Illegal Alien to stay in the U.S. and not deport the sub-human mongrel and now Innocent Patriotic AMERICAN’s paid the ultimate price with their lives.
    Phufk the Democrats.

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  2. A Democrat is Censoring comments on this sight…The Truth hurts to admit!
    “It’s a poor thing to fear the inevitable”

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  3. Not complicated. He killed Seven and injured 3 others. Put him in jail for 50 years then deport him back to Ukraine.

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  4. Place the blame where it belongs. The blame lies with the piece of shit who was driving erratically immediately prior to murdering those people, had been arrested for DUI a month earlier, and the crap business he works for that’s been cited for a ridiculous number of violations and nothing has been done about it by the authorities in charge, They are also responsible for dereliction of duty. They all belong in prison.
    This is not an issue of Republican or Democrat. Throwing baseless arguments around gets us nowhere. Let’s work together and get this garbage straightened out.

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  5. Hey Myth, You must be a Native American since you hate everyone else. It seems like a lot of time to waste.
    You willing to help all of us whose families go all the way back to the first bunch of White invaders from England and Scotland move back Too many hateful white people here for my taste.

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  6. “Bend over and I will change your mind!”

    Yes, it is a demorat problem because they are the majority in this state and law makers…. Democrats don’t deport Illegal Aliens and by their actions allow this POS to stay in the United States they are just as guilty as this Mfer Illegal Alien.
    I still hate Fags.

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