Court hears bail arguments for driver in crash that killed 7

A truck driver charged with causing the deaths of seven motorcyclists in 2019 deserves a bail hearing despite a judge’s ruling that he should remain jailed, a defense attorney argued before the New Hampshire Supreme Court on Tuesday. Volodymyr Zhukovskyy, 25, of West Springfield, Massachusetts, has been in jail since the crash happened in Randolph on June 21, 2019. He pleaded not guilty to multiple counts of negligent homicide, manslaughter, driving under the influence and reckless conduct. His trial is scheduled to start on Nov. 29. His lawyers asked a judge for a bail hearing twice in 2020 and again in April. The judge denied the requests, agreeing with the state that Zhukovskyy is a danger to himself and others. Christopher Johnson, appellate defender, said among the issues in dispute are statements Zhukovskyy made to police after the collision; the degree and extent of Zhukovskyy’s impairment that day; the amount of reaction time available when the motorcyclists and Zhukovskyy came into each other’s field of vision; whether Zhukovskyy did react by braking; and his lane location. Johnson added that Zhukovskky has maintained his sobriety while he has been jailed for the last two years. Johnson also said the state, in its written arguments supporting the judge’s decision, relied on part of a statute that says people on probation have a right to a bail hearing. He said he didn’t think the Legislature would need to make that right explicit in the law for people who are not on probation. “It would be an absurd result, I think, to say that probationers are the class of people more entitled to an evidentiary hearing than non-probationers,” he said, adding, “You give it to them, but not everybody else?” Assistant Attorney General Scott Chase said the judge was not required to hold a bail hearing or use any specific method to assess Zhukovskyy’s dangerousness. He said evidence on that point was “glaring.” For example, there is no dispute that Zhukovskyy said he mixed heroin and cocaine before getting behind the wheel that day, Chase said.

Judge upholds dismissal of case against resort developer

A U.S. bankruptcy judge has upheld court decisions that the state of Montana lacked legal standing to file an involuntary bankruptcy petition nearly a decade ago against Yellowstone Club co-founder Tim Blixseth. Judge Mike N. Nakagawa of Nevada on June 3 confirmed the ruling by previous judges to dismiss the involuntary petition, noting the case has lingered for nearly 10 years. The 9th Circuit Court of Appeals ruled in 2019 the Montana Department of Revenue (MDOR) lacked legal standing to file an involuntary bankruptcy petition against Blixseth and referred the case to bankruptcy court to see if it should be dismissed. The Yellowstone Club, a private ski and golf resort in Big Sky founded by Blixseth and his now ex-wife in 1997, filed for bankruptcy in 2008. Blixseth was accused of pocketing much of a $375 million Credit Suisse loan to the resort and later gave up control of the enterprise to his ex-wife during their 2008 divorce. The club, which has touted billionaire Microsoft co-founder Bill Gates and former Vice President Dan Quayle as members, has emerged from bankruptcy under new ownership. The Montana Department of Revenue had done an audit of Blixseth and in 2009 said he owed $56.8 million in taxes, penalties and interest arising from eight audit issues, court documents stated. The Montana action against Blixseth is separate from Blixseth’s claims against Montana in Nevada for damages due to the involuntary petition , the Independent Record reported. In 2011, Montana joined with the Idaho State Tax Commission and the California Franchise Tax Board against Blixseth, however, those two states had settled agreements and withdrew from the petition, according to court documents. Nakagawa noted that as of the hearing date, close to a decade has passed since the Involuntary Petition was filed. He said that since April 20, 2011, only Montana has continuously pursued this issue against Blixseth. He said Yellowstone Club Liquidating Trustee apparently was interested in pursuing the involuntary proceeding against Blixseth, but gave up nearly two years before the 9th Circuit mandate was received by this bankruptcy court.

Ruling: Missed court date in Washington does not imply guilt

The Washington state Supreme Court this month unanimously rejected the notion that a man who skipped his court date could be presented as evidence that he felt guilty about the original crime. State Supreme Court justices agreed that criminalizing a single missed court date could disproportionately harm people of color, poor people or people without reliable transportation or scheduling conflicts due to child care or work, The Daily Herald reported. The ruling came less than a year after the state Legislature revised the bail jumping law, which gives people more time to respond to a warrant. Samuel Slater, 27, had one unexcused absence in his case, which predated the new law. Records show Slater was convicted of violating no-contact orders five times in five years, multiple driving offenses and domestic violence charges. He pleaded guilty in 2016 to assault in Washington state. A judge ordered him not to have contact with the woman, who was not identified, but he showed up within a day of being let out of jail. He was charged in 2017 with alleged felony violation of a no-contact order and felony bail jumping after missing a court date later in the year. Slater’s attorney, Frederic Moll, asked for separate trials on the counts. Snohomish County Superior Court Judge Anita Farris, a former public defender, found that the charges could be tried together for “judicial economy reasons” and that they were cross-admissible, meaning one could be used to prove the other. Judge Ellen Fair presided over the trial and agreed with Farris. State Court of Appeals judges also agreed. During the trial, deputy prosecutor Adam Sturdivant repeatedly noted how the defendant missed his court date, asking: “If he didn’t do it, why didn’t he show up for trial call a year ago?” Slater was found guilty on both counts and sentenced to more than two years in prison and a year of probation.