danfrank666 wrote:DaGip wrote:BigBallinStalin wrote:Looks like murder (or whatever it is when someone hits someone really hard but didn't intend on killing them). Reduce the sentence because the victim could've avoided the incident to some degree.
The prosecution would look to see if there was intent...swerving and gunning your engine was intent. If they run with that, Second Degree Murder would be what they seek; but as you said, they will reduce it at plea to either Voluntary or Involuntary Manslaughter...but beings Stewart knows that gunning your engine and swerving at a pedestrian could cause harm or death; it looks like the only possible plea he would have would be Voluntary Manslaughter.
Intent ? Swerving and gunning your engine is a normal ACT on a racetrack. To suggest he intentionally wanted to inflict harm upon no personal responsibility would mean that you could read his mind.
And you call him a pedestrian
There are now pedestrians involved in automobile racing .
Another thing , do your research on this and tell me what position tony is seated in. And why its relevant ?
There's gonna be Stewart fans and people that have hated Stewart for a long time arguing over this. I am neither. I think perhaps what is needed is more video from around the track (my suspicions is that it does not exist), also, if there was video from inside Tony's car would be of great help.
From a friend of Ward's (who is also a Sprint Car racer) who was watching the race from the stands said:
Tyler Graves, a sprint-car racer and friend of Ward's, told Sporting News in a phone interview that he was sitting in the Turn 1 grandstands and saw everything.
"Tony pinched him into the frontstretch wall, a racing thing," Graves said. "The right rear tire went down, he spun on the exit of (Turn) 2. They threw the caution and everything was toned down. Kevin got out of his car. ā¦ He was throwing his arms up all over the place at Tony for most of the corner.
"I know Tony could see him. I know how you can see out of these cars. When Tony got close to him, he hit the throttle. When you hit a throttle on a sprint car, the car sets sideways. It set sideways, the right rear tire hit Kevin, Kevin was sucked underneath and was stuck under it for a second or two and then it threw him about 50 yards."
Graves said he didn't believe it was intentional.
"You never mean to do something like that," Graves told Sporting News. "Kevin was pissed and he let Tony know. And Tony was trying to give the message back that he wasn't happy either. He went over the line with it."
http://www.foxsports.com/nascar/story/p ... art-081014The Caution came out, so then I suppose Ward needs to get into position for the pacer. So where was his position?
But putting that aside, gunning your engine as you come up on a guy walking on the track? He was trying to intimidate Ward, and probably wanted to throw some dirt on him...Ooops!
Stewart intended to scare Ward and throw dirt on him, but his actions went too far and someone got hurt and killed. The intent was to scare Ward, not to kill him.
Will he be charged? I don't know. If it happened out on the public street, the driver would probably get charged with vehicular homicide and second degree murder. But if charges are brought against Stewart, I can't imagine it going any higher than Involuntary Manslaughter...more than likely it will be plead down to Misdemeanor Manslaughter, because his actions were meant to intimidate Ward, not to harm or kill him.
Anyway, no charges have been brought up yet and the sheriff said there was no criminal investigation at this time.
I can't imagine being Ward's family right now. Probably civil lawsuits will be enough on this issue.