LANCASTER — Eight of the 23 charges against Volodymyr Zhukovskyy in the 2019 crash that killed seven members of the Jarheads Motorcycle Club were dismissed on Wednesday, as the state closed its case in the trial and the defense readied to begin its presentation. Many of the most serious charges remain.

WMUR-Channel 9 reported late Wednesday afternoon that Coos County Superior Court Judge Peter Bornstein had ruled that there was insufficient evidence to support charges related to whether Zhukovskyy was intoxicated or operating under the influence of controlled drugs, but there was sufficient evidence to support the remaining seven negligent homicide, seven manslaughter and single reckless conduct charges.

Bornstein said those charges were 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. He 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 that 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 would spend 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 off with N.H. Chief Medical Examiner Jennie Duval completing her testimony about the autopsy results of the seven Jarheads killed in the crash. The defense will begin its case Thursday in Coos County Superior Court.

This article is being shared by a partner in The Granite State News Collaborative. For more information visit collaborativenh.org.

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