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Judge: Truck Driver’s Miranda Rights Not Violated After Crash That Killed 7

Last updated on October 30, 2020

LANCASTER, N.H. (AP) — A judge on Tuesday ruled against a request by a pickup truck driver charged with causing the deaths of seven motorcyclists to leave some statements made to police out of his upcoming trial.

Attorneys for Volodymyr Zhukovskyy said their client indicated during a police interview last June that he was not able to continue the interview, and that the continuation of questioning was a violation of hisVolodymyr Zhukovskyy Miranda rights.

“Right now, I don’t even want to answer anything. Like, I’m just out of it,” Zhukovskyy told police, according to a transcript included in the court filings.

Police halted the interview briefly before continuing to question Zhukovskyy about drug use and his actions the day of the crash, Zhukovskyy’s attorney said.

Volodymyr Zhukovskyy in Springfield District Court, June 24, 2019. (WBZ-TV)

Prosecutors argued Zhukovskyy’s comment was ambiguous and did not merit ending the interview.

Superior Court Judge Peter Bornstein concluded that Zhukovskyy’s statements “were not sufficiently unambiguous” and that his Miranda rights were not violated.

Zhukovskyy pleaded not guilty to multiple counts of negligent homicide and driving under the influence. He remains in custody as he awaits trial.

The crash happened on June 21, 2019, in Randolph. The victims, members of the Jarheads Motorcycle Club, were from New Hampshire, Massachusetts and Rhode Island.