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judge has denied a motion for reconsideration to release on bail Volodymyr Zhukovskyy who struck and killed seven members of the Jar Heads Motorcycle Club

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A judge has denied a motion for reconsideration to release on bail Volodymyr Zhukovskyy, who allegedly struck and killed seven members of the Jar Heads Motorcycle Club on Route 2 in Randolph last June.

“Having considered the parties’ pleadings and arguments and the applicable law, the court concludes that it has not overlooked or misapprehended any point of law or fact” wrote Judge Peter Bornstein in an order dated Monday. “Accordingly, the court denies the defendant’s motion….”

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On March 27, Zhukovskyy filed a motion through his attorneys to be released on bail, citing a report from an accident reconstruction company that determined motorcyclist Albert Mazza had crossed into Zhukovskky’s lane of travel. On April 7, Bornstein denied the motion, prompting an appeal by Zhukovskyy and the state’s objection, which was filed April 17.

The state — represented by Coos County Attorney John McCormick and Benjamin Maki, an assistant attorney general with the New Hampshire Department of Justice — said in the motion that Bornstein “properly denied” Zhukovskky’s motion for an evidentiary bail hearing.

“None of the new information alleged by the defendant changes the defendant’s dangerousness to the public or himself,” the state said, adding Zhukovskyy had “concentrations of multiple illegal drugs in his blood, while commercially driving a truck and trailer weighing in excess of 10,000 pounds.”

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Zhukovskyy admitted, the state said, “to consuming heroin and cocaine on the day of the crash; engaging in the practice of combining heroin and cocaine while ingesting it; and most telling of his dangerousness, that he felt the effect of the cocaine prior to, and at the time, of the fatal crash.”

 

While operating a pickup truck and vehicle trailer, Zhukovskyy allegedly crossed from the westbound lane into the eastbound lane of Route 2, striking and killing Desma Oakes, of Concord; Aaron Perry, of Farmington; Michael Ferazzi, of Contoocook; Mazza, of Lee; Joanne and Edward Corr, of Lakeville, Mass.; and Daniel Pereira, of Riverside, R.I.

Zhukovskyy was indicted by the Coos County Grand Jury on seven counts each of negligent homicide-DUI and manslaughter; aggravated driving while intoxicated; and reckless conduct.

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Since then, he has been held at the Coos County House of Corrections.

The state wants Bornstein to deny Zhukovskyy’s motion for reconsideration without a hearing and to keep Zhukovskyy held in preventive detention.

 

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