State Police Sgt. Matt Favreau is sworn in before testifying Thursday in the trial of Volodymyr Zhukovskyy, who is charged in the highway deaths of seven motorcyclists in Randolph in 2019.
State Police Sgt. Matt Favreau is sworn in before testifying Thursday in the trial of Volodymyr Zhukovskyy, who is charged in the highway deaths of seven motorcyclists in Randolph in 2019.
LANCASTER — A day after Judge Peter Bornstein dismissed all charges alleging impairment against Volodymyr Zhukovskyy, his defense team on Thursday began working to prove he was neither negligent nor reckless in the deaths of seven motorcyclists on June 21, 2019 in Randolph.
In its opening statement Thursday, Zhukovskyy’s defense said Albert “Woody” Mazza Jr. of Lee, president of the Jarheads Motorcycle Club, was responsible for the crash because he was legally intoxicated and drifted his motorcycle into Zhukovskyy’s left front tire, which blew out, causing Zhukovskyy to lose control and swerve into the motorcyclists.
The state had alleged Zhukovskyy was impaired and had also been observed operating unsafely elsewhere before the crash. Zhukovskyy had been indicted on seven counts each of negligent homicide-DWI; negligent homicide; and manslaughter-reckless operation. He was also charged on one count each of reckless conduct with a deadly weapon and of aggravated DWI.
After the state rested its case Wednesday afternoon, Zhukovskyy’s defense filed a motion to dismiss all 23 charges. Bornstein dismissed the eight DWI-related charges, saying the state’s evidence was “simply insufficient as a matter of law” to be considered by the jury, but let the other 15 charges stand.
The state, meanwhile, also elicited testimony from several witnesses who said they saw Zhukovskyy operating his truck and trailer in an unsafe manner in Gorham and Randolph before the crash.
To counter that testimony, the defense opened its case on Thursday by calling Adam Bartley of Jefferson as its first witness. Bartley, 24, said he was headed home westbound on Route 2 and saw Zhukovskyy’s truck and trailer about three vehicles in front of him.
Defense co-counsel Steve Mirkin asked Bartley whether he noticed anything unusual in how Zhukovskyy was driving or whether he was weaving. Bartley replied “No, sir.”
Similarly, Bartley said he did not see Zhukovskyy crossing either the fog line on the right or the double yellow lines or “kicking up any dust” in the process.
“The first thing I saw was an explosion and all matter of debris in the air,” said Bartley, who upon cross-examination by Assistant Attorney General Josh Speicher conceded that he was “at least a few hundred feet” behind Zhukovskyy and that he did not have a 100% unobstructed view.
Later, Bartley said he had “occasional glimpses” of Zhukovskyy. Asked by Mirkin whether he would have been able to see Zhukovskyy, at any point, swerve as much as three-quarters into the eastbound lane, Bartley said he would have been able to see it, “but I did not.”
State Police Sgt. Matt Favreau testified that it was difficult to interview witnesses at the scene “because where we were, roadside, with Armageddon to our backs,” it was hard to communicate.
Favreau told Mirkin that he was “pretty sure” that one witness that he spoke with, and who had testified for the state, did not actually see the crash.
The trial continues at 10 a.m. Friday with just two witnesses expected to testify. Bornstein said the defense would present the bulk of its case Monday.
