Tony Stewart hits/kills fellow Dirt track driver
08-11-2014, 09:26 PM
#41
Trolling Canuckistan
Personally I feel that the overwhelming majority if fault is on Ward. He intentionally did many many things that put him in a situation where his life was at risk. Stewart reacted to a situation he never should have been put in where a fellow competitor was charging him moving race car on foot. That is a situation he never should have had to react to and it was all initiated by Ward.
I'm curious to see step by step how people can defend a 50/50 fault position. I'm open to opinions but I'd like to see some rational that eliminates all the things Ward did that directly led to the potential for the incident to occur an how all those bad decisions he made are equal to the one bad decision Stewart made.
08-11-2014, 11:21 PM
#42
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I'm saying there's more than enough blame to go around, and while I can see your point, one can make a similar argument against Stewart. Exactly 50/50 probably not. 60/40, 70/30, does it really matter?
Both racers' actions escalated the situation, and if either one of them hadn't done whatever they did we wouldn't be talking about this.
Both racers' actions escalated the situation, and if either one of them hadn't done whatever they did we wouldn't be talking about this.
08-12-2014, 12:17 AM
#43
Trolling Canuckistan
I'm saying there's more than enough blame to go around, and while I can see your point, one can make a similar argument against Stewart. Exactly 50/50 probably not. 60/40, 70/30, does it really matter?
Both racers' actions escalated the situation, and if either one of them hadn't done whatever they did we wouldn't be talking about this.
Both racers' actions escalated the situation, and if either one of them hadn't done whatever they did we wouldn't be talking about this.
08-12-2014, 12:28 AM
#44
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"Running At", "Charging", "In Front of", "Nothing to Avoid" .... some of you all must have watched some other video. 
Here's the one where Ward is staying above the line most of the drivers are taking past his disabled car. Here's the one where Ward is not 'running' or 'charging' just prior to Stewart's approach. Here's the one where he plants himself and points. Here's the one where, at the last moment, Ward is attempting to avoid being run over:
Here's the one where Ward is staying above the line most of the drivers are taking past his disabled car. Here's the one where Ward is not 'running' or 'charging' just prior to Stewart's approach. Here's the one where he plants himself and points. Here's the one where, at the last moment, Ward is attempting to avoid being run over:
08-12-2014, 01:10 AM
#45
Trolling Canuckistan
^^^
Pause it at the beginning of the 36 second mark. He's put himself directly in front of Stewart. If you start pausing and playing from the moment he comes on the track you'll see he moved further and further in.
What is undeniable about this footage is that at the 35 second mark Ward is off camera so we don't know exactly what his movements were just before the 36 second mark where we see him directly in front of the car. The contact occurred at the end of the 36 second mark as Ward jumps back towards the wall.
Pause it at the beginning of the 36 second mark. He's put himself directly in front of Stewart. If you start pausing and playing from the moment he comes on the track you'll see he moved further and further in.
What is undeniable about this footage is that at the 35 second mark Ward is off camera so we don't know exactly what his movements were just before the 36 second mark where we see him directly in front of the car. The contact occurred at the end of the 36 second mark as Ward jumps back towards the wall.
08-12-2014, 01:42 AM
#46
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"Stewart drove directly at him" would look exactly like "He's put himself directly in front of Stewart" .... given the brief moment that the video is off Ward/Stewart.
I notice now Ward is not 'running' and 'jumps back'. That's somewhat different than your earlier post.
No one is saying Ward was 100% in the right. I am saying that Stewart guns his engine just prior to hitting Ward. I find that quite problematic given Stewart's well known and well documented temper issues. To me the question is simple: Regardless of Wards actions were Stewart's actions careless or wreckless?
It may not be possible to prove that. It's not a question of intent. I don't believe that Stewart intended to hit (or harm, or kill) Ward. However, whether his (Stewart's) actions were wreckless or careless should be investigated aggressively and if appropriate evidence can be obtained, criminally charged.
I notice now Ward is not 'running' and 'jumps back'. That's somewhat different than your earlier post.
No one is saying Ward was 100% in the right. I am saying that Stewart guns his engine just prior to hitting Ward. I find that quite problematic given Stewart's well known and well documented temper issues. To me the question is simple: Regardless of Wards actions were Stewart's actions careless or wreckless?
It may not be possible to prove that. It's not a question of intent. I don't believe that Stewart intended to hit (or harm, or kill) Ward. However, whether his (Stewart's) actions were wreckless or careless should be investigated aggressively and if appropriate evidence can be obtained, criminally charged.
08-12-2014, 03:03 AM
#47
Trolling Canuckistan
"Stewart drove directly at him" would look exactly like "He's put himself directly in front of Stewart" .... given the brief moment that the video is off Ward/Stewart.
I notice now Ward is not 'running' and 'jumps back'. That's somewhat different than your earlier post.
No one is saying Ward was 100% in the right. I am saying that Stewart guns his engine just prior to hitting Ward. I find that quite problematic given Stewart's well known and well documented temper issues. To me the question is simple: Regardless of Wards actions were Stewart's actions careless or wreckless?
It may not be possible to prove that. It's not a question of intent. I don't believe that Stewart intended to hit (or harm, or kill) Ward. However, whether his (Stewart's) actions were wreckless or careless should be investigated aggressively and if appropriate evidence can be obtained, criminally charged.
I notice now Ward is not 'running' and 'jumps back'. That's somewhat different than your earlier post.
No one is saying Ward was 100% in the right. I am saying that Stewart guns his engine just prior to hitting Ward. I find that quite problematic given Stewart's well known and well documented temper issues. To me the question is simple: Regardless of Wards actions were Stewart's actions careless or wreckless?
It may not be possible to prove that. It's not a question of intent. I don't believe that Stewart intended to hit (or harm, or kill) Ward. However, whether his (Stewart's) actions were wreckless or careless should be investigated aggressively and if appropriate evidence can be obtained, criminally charged.
Was Stewart reckless? Maybe... From what I hear forward visibility is good on these cars but they have a blind spot in the 9-10 and 2-3 O'clock range from the wing. He may not have had much time to realize what was going on after coming through the corner. The reving engine noise could have been an attempt to get past Ward before he could do something stupid. The only person who knows what was going on in Stewart's mind is Stewart himself.
From the one video we see of it I can't see criminal charges being pressed. They asked for others to turn in video if they had it, I'm not sure how many more angles you'd get but maybe there's something the investigators have that we haven't seen.
The first person who started doing reckless and careless things in this incident was Ward. Getting out of the car when it wasn't on fire was reckless and careless. Walking/running onto a race track is reckless and careless. Making aggressive gestures at the race cars passing by you while standing in the track is reckless and careless. Those things are pretty obvious to me in a cut and dry way no need for investigation. Unless there is video that shows Stewart intentionally redirect his car to point at Ward and run him down, calling him reckless and careless is a matter of opinion.
08-12-2014, 05:27 AM
#48
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To me the question is simple: Regardless of Wards actions were Stewart's actions careless or wreckless?
It may not be possible to prove that. It's not a question of intent. I don't believe that Stewart intended to hit (or harm, or kill) Ward. However, whether his (Stewart's) actions were wreckless or careless should be investigated aggressively and if appropriate evidence can be obtained, criminally charged.
It may not be possible to prove that. It's not a question of intent. I don't believe that Stewart intended to hit (or harm, or kill) Ward. However, whether his (Stewart's) actions were wreckless or careless should be investigated aggressively and if appropriate evidence can be obtained, criminally charged.
black label: Part of your logic is flawed, for example, let's say I am crossing with the light in a crosswalk and the pedestrian light had signaled for me to do so; I get across 3/4 lanes when a green arrow light comes on and a driver makes a left, into the lane I'm walking and hits me. At some point in time, there was a duty by the left-hand turning driver to comprehend the danger of hitting me where he then should have done what he could to prevent me from getting hit. The law certainly doesn't protect the driver entirely (civil suit only) allowing him to escape liability for failing to "exercise the standard of care a driver in NYS should use while making a left hand turn with pedestrians present. If you believe Driver X did not exercise that standard of care and that lack of standard of care was a proximate cause of Chief's injuries,you are permitted to find Driver X negligent." Words very similar to those are present in the NYS Pattern Jury Instructions which are the words a judge reads a jury when he is "charging" them with the law to be applied to the facts as they have heard in the trial.
Last edited by Chief F1 Fan; 08-12-2014 at 05:34 AM.
08-12-2014, 11:07 AM
#49
AZ Community Team
Massive blunt trauma caused Ward's death
Not surprised by the cause of death but was very surprised there was no in-car camera in Stewart's car.
https://sports.yahoo.com/news/massiv...2355--spt.html
https://sports.yahoo.com/news/massiv...2355--spt.html
08-12-2014, 11:21 AM
#50
Trolling Canuckistan
This hits the nail directly on the head Bearcat, Ward may have placed himself in the path of imminent danger BUT did Stewart's actions constitute recklessness, carelessness or negligence in descending order of intent under the law? Somewhere in those three degrees of "duty of care" lies the truth.
black label: Part of your logic is flawed, for example, let's say I am crossing with the light in a crosswalk and the pedestrian light had signaled for me to do so; I get across 3/4 lanes when a green arrow light comes on and a driver makes a left, into the lane I'm walking and hits me. At some point in time, there was a duty by the left-hand turning driver to comprehend the danger of hitting me where he then should have done what he could to prevent me from getting hit. The law certainly doesn't protect the driver entirely (civil suit only) allowing him to escape liability for failing to "exercise the standard of care a driver in NYS should use while making a left hand turn with pedestrians present. If you believe Driver X did not exercise that standard of care and that lack of standard of care was a proximate cause of Chief's injuries,you are permitted to find Driver X negligent." Words very similar to those are present in the NYS Pattern Jury Instructions which are the words a judge reads a jury when he is "charging" them with the law to be applied to the facts as they have heard in the trial.
black label: Part of your logic is flawed, for example, let's say I am crossing with the light in a crosswalk and the pedestrian light had signaled for me to do so; I get across 3/4 lanes when a green arrow light comes on and a driver makes a left, into the lane I'm walking and hits me. At some point in time, there was a duty by the left-hand turning driver to comprehend the danger of hitting me where he then should have done what he could to prevent me from getting hit. The law certainly doesn't protect the driver entirely (civil suit only) allowing him to escape liability for failing to "exercise the standard of care a driver in NYS should use while making a left hand turn with pedestrians present. If you believe Driver X did not exercise that standard of care and that lack of standard of care was a proximate cause of Chief's injuries,you are permitted to find Driver X negligent." Words very similar to those are present in the NYS Pattern Jury Instructions which are the words a judge reads a jury when he is "charging" them with the law to be applied to the facts as they have heard in the trial.
If you want to provide a similar situation, it would have to involve a race track or a similar environment. Sprint cars are expected to corner by drifting, drifting on public roads will get you in trouble with the law regardless of whether you hit a pedestrian or not.
Reckless driving on the street and reckless driving on a race track are 2 actions which aren't comparable. In fact theses cars are not legal to drive on any road in the United States, how would normal road rules apply to them? If you want to subject race car drivers to normal road rules, their cars would all be impounded before the race even started as none of them are street legal and don't meet DOT regulations.
Maybe NY law disagrees with me but I feel like I have a reasonable expectation of safety when I leave my house. When taking part in a dangerous activity I willfully give up that reasonable expectation of safety. The expectations I have of other drivers on public streets isn't the same expectation I can have on a race track. No one seems to have a problem with Stewart bumping Wards car which cause him to spin out as it was a typical racing incident. The situation is far different if he bumped a car on a public street, it's no longer a racing incident, it's now an automobile accident and subject to punishment by local law.
Last edited by black label; 08-12-2014 at 11:28 AM.
08-12-2014, 12:48 PM
#51
AZ Community Team
Where is Ward running?
I watched the video several times and I do not see him running anywhere. Watch from 24 to 26, he sidesteps several feet then from 27 to 35 Ward starts walking counterclockwise and toward the inner part of the track. Brisk pace but walking none the less.
Look at 37 seconds, I see Stewart's car yaw to the right suddenly which I presume it was from the impact of Ward against the right rear tire. It looks like at 38 seconds Stewart corrects with steering.
I watched the video several times and I do not see him running anywhere. Watch from 24 to 26, he sidesteps several feet then from 27 to 35 Ward starts walking counterclockwise and toward the inner part of the track. Brisk pace but walking none the less.
Look at 37 seconds, I see Stewart's car yaw to the right suddenly which I presume it was from the impact of Ward against the right rear tire. It looks like at 38 seconds Stewart corrects with steering.
If you think it's near 50/50 responsibility are you assuming Stewart woul have hit him if he stayed in his car?
This is a tragedy no doubt but I think you could successfully argue that ward is 100% responsible. Had he not done such a foolish and irresponsible thing like run out on a race track none of this occurs. Remember, Stewart may have hit him but he was running into Stewart's path.
To me assigning a portion of the blame on Stewart assumes he was going to make contact whether ward was in his car or not. What percentage of ward running on the track is Stewart's responsibility? I'd say zero.
Fwiw, I couldn't care less about NASCAR or Tony Stewart all my thoughts are those of a casual observer of the news.
This is a tragedy no doubt but I think you could successfully argue that ward is 100% responsible. Had he not done such a foolish and irresponsible thing like run out on a race track none of this occurs. Remember, Stewart may have hit him but he was running into Stewart's path.
To me assigning a portion of the blame on Stewart assumes he was going to make contact whether ward was in his car or not. What percentage of ward running on the track is Stewart's responsibility? I'd say zero.
Fwiw, I couldn't care less about NASCAR or Tony Stewart all my thoughts are those of a casual observer of the news.
Last edited by Legend2TL; 08-12-2014 at 12:51 PM.
08-12-2014, 12:56 PM
#52
AZ Community Team
I'm saying there's more than enough blame to go around, and while I can see your point, one can make a similar argument against Stewart. Exactly 50/50 probably not. 60/40, 70/30, does it really matter?
Both racers' actions escalated the situation, and if either one of them hadn't done whatever they did we wouldn't be talking about this.
Both racers' actions escalated the situation, and if either one of them hadn't done whatever they did we wouldn't be talking about this.
This hits the nail directly on the head Bearcat, Ward may have placed himself in the path of imminent danger BUT did Stewart's actions constitute recklessness, carelessness or negligence in descending order of intent under the law? Somewhere in those three degrees of "duty of care" lies the truth.
Last sprint car race I was at was in PA in the early 90's, they are festive and dynamic races.
It's not rare for a racer to do what Ward did (confronting another driver on the track after some track incident).
Last edited by Legend2TL; 08-12-2014 at 01:00 PM.
08-12-2014, 12:59 PM
#53
Trolling Canuckistan
OK if you don't want to call it running by definition lets call it "erratic bipedal movement". He taking quick steps in an erratic manner. Whatever verb you want to use to describe his movement, that fact remains he was moving himself toward the path of oncoming cars on a race track.
You can call it skipping, strolling, sauntering or galloping for all I care. What word you use to describe it is less important than the direction he was traveling while doing it.
You can call it skipping, strolling, sauntering or galloping for all I care. What word you use to describe it is less important than the direction he was traveling while doing it.
08-12-2014, 01:39 PM
#54
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OK if you don't want to call it running by definition lets call it "erratic bipedal movement". He taking quick steps in an erratic manner. Whatever verb you want to use to describe his movement, that fact remains he was moving himself toward the path of oncoming cars on a race track.
You can call it skipping, strolling, sauntering or galloping for all I care. What word you use to describe it is less important than the direction he was traveling while doing it.
You can call it skipping, strolling, sauntering or galloping for all I care. What word you use to describe it is less important than the direction he was traveling while doing it.
He's walking briskly mostly in the clockwise direction and slightly toward the inner. He does not walk perpendicular to the motion of the oncoming cars but in a slight angle toward them.
It's pretty obvious from the video he is not walking directly into their path but he is closing the distance.
Last edited by Legend2TL; 08-12-2014 at 01:41 PM.
08-12-2014, 03:14 PM
#55
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I believe it makes no difference what he was doing (Ward) to a certain degree. The standard of care changed as the the clock ticked away from little to none ("ordinary care under the circumstances") to some to a heightened degree of care when he was feet (inches?) away from Stewart's car. Stewart was faced with an emergency created by Ward's doing (like slamming on the brakes for no reason and getting rear ended and trying to claim following car was entirely at fault) and as such, his actions to prevent an injury to Ward did not have to be supernatural but to some degree, an effort to lessen the outcome. If in the use of those actions he failed (he obviously did) a jury could say Ward was entirely at fault for this occurrence. It'll never happen . . .
08-12-2014, 03:22 PM
#56
Trolling Canuckistan
I don't want to call it running cause he is really not running.
He's walking briskly mostly in the clockwise direction and slightly toward the inner. He does not walk perpendicular to the motion of the oncoming cars but in a slight angle toward them.
It's pretty obvious from the video he is not walking directly into their path but he is closing the distance.
He's walking briskly mostly in the clockwise direction and slightly toward the inner. He does not walk perpendicular to the motion of the oncoming cars but in a slight angle toward them.
It's pretty obvious from the video he is not walking directly into their path but he is closing the distance.
08-12-2014, 06:22 PM
#57
I drive a Subata.
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Every driver's meeting I've been to.... repeatedly stated that the drivers MUST stay in the car if the car is not on fire.
Guess this is why?
He should not have gotten out of the car.
though.
Guess this is why?
He should not have gotten out of the car.
though.
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08-12-2014, 09:13 PM
#58
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a fuckin' kindergartener knows that jeezus . . . ^^^
08-12-2014, 10:22 PM
#59
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OK if you don't want to call it running by definition lets call it "erratic bipedal movement". He taking quick steps in an erratic manner. Whatever verb you want to use to describe his movement, that fact remains he was moving himself toward the path of oncoming cars on a race track.
You can call it skipping, strolling, sauntering or galloping for all I care. What word you use to describe it is less important than the direction he was traveling while doing it.
You can call it skipping, strolling, sauntering or galloping for all I care. What word you use to describe it is less important than the direction he was traveling while doing it.
Chief said what I was getting at better than I could (try to) re-explain it for you.
08-12-2014, 10:38 PM
#60
Trolling Canuckistan
Calling walking briskly 'running' and calling jumping back at the last minute 'doing nothing to avoid' is just rearranging facts to suit your own point of view. It doesn't strengthen your argument, it weakens it.
Chief said what I was getting at better than I could (try to) re-explain it for you.
Chief said what I was getting at better than I could (try to) re-explain it for you.
If there ever were some actual judgement handed down to Stewart in a court of law that named him as "guilty" or somehow "responsible" for Wards death it would set a dangerous precedent for any future racing accidents.
08-12-2014, 11:30 PM
#61
Trolling Canuckistan
Very clear, though, are the moments before impact.
I have seen many a driver get out of his car and walk or run to confront another driver in anger. However, never have I seen a driver unhook his harness and get out as rapidly, unless the car was on fire, as this young man appeared to. My estimate is it took him about 10 seconds.
And never have I seen a driver move so far, so fast, toward the middle of the track -- so near the traffic.
I have seen many a driver get out of his car and walk or run to confront another driver in anger. However, never have I seen a driver unhook his harness and get out as rapidly, unless the car was on fire, as this young man appeared to. My estimate is it took him about 10 seconds.
And never have I seen a driver move so far, so fast, toward the middle of the track -- so near the traffic.
Ward, 20, charged into the middle of the track during a race
Ward gets out of his crashed car and walks determinedly on the track toward the race cars, which had slowed for a yellow flag. Ward points a finger and appears to be yelling. One car swerves to avoid Ward on the half-mile dirt track.
Different verbs, all pretty much saying the same thing.
08-12-2014, 11:49 PM
#62
Trolling Canuckistan
And finally to those who think I'm an idiot, here's an article by Paul Callan.
http://www.cnn.com/2014/08/11/opinio...rticle_sidebar
I'm starting to wonder if we've got ambulance chasing lawyers on Azine 
http://www.cnn.com/2014/08/11/opinio...rticle_sidebar
Editor's note: Paul Callan, a CNN legal analyst, is a former New York homicide prosecutor and a senior partner at Callan, Koster, Brady and Brennan, LLP. Follow him on Twitter @PaulCallan. The opinions expressed in this commentary are solely those of the author.
(CNN) -- Even hardened race fans, accustomed to witnessing spectacular crashes, were stunned to see the shattered body of 20-year-old race car driver Kevin Ward Jr. sprawled on a New York dirt track Saturday night.
He had been run over and killed by a car driven by Tony Stewart, one of the most famous, charismatic and controversial drivers on the $3 billion-per-year NASCAR race circuit. Much of the public's interest in Stewart undoubtedly derives, not only from his winning record but also from his tough guy, bad boy image reminiscent of the sport's early rough-and-tumble days.
That image will certainly be one of the things authorities in New York will be looking at when trying to decide whether to close this case as a tragic accident or to press forward with criminal charges.
The preliminary signals from the Ontario County Sheriff's Office would indicate a favorable outcome for Stewart. Sheriff Philip Povero has announced that the Ward tragedy is viewed as an "on track crash," and that to date there was no evidence of "criminal intent." The sheriff did hedge a bit by saying that the "investigation was continuing."
The sheriff has undoubtedly been carefully reviewing the amateur video of the crash. It depicts Stewart's car in close proximity to Ward's car coming out of Turn 2 in the race. Ward's car then appears to be pushed into the outside wall, forcing his car out of the race.
Ward then appears to exit his vehicle angrily and charges on to the racetrack, pointing in the direction of Stewart's and other drivers' swiftly approaching cars. In graphic and stunning video footage, young Ward is hit, apparently by the right rear tire of Stewart's vehicle, causing him to be dragged down the track to his death.
We can expect that Povero will continue his investigation by interviewing witnesses and undoubtedly obtaining copies of other videos taken from different angles. He will likely consult with experts in racing.
NASCAR's Tony Stewart hits, kills driver
Sheriff: 'There's much work to be done'
Will Stewart face criminal charges?
His key questions: 1. Was Ward's decision to stand in the track, so close to moving vehicles unusual? 2. Should Stewart, knowing he may have struck Ward's car, have anticipated a problem when approaching the turn as a "yellow flag" had been thrown warning drivers to proceed cautiously as an accident or debris ahead was likely?
Povero will be working in close conjunction with the Ontario County District Attorney, R. Michael Tantillo, a seven-term veteran of criminal investigations and trials. Tantillo supervises a staff of about 10 attorneys that serves a county with a population of about 107,000 residents.
New York, on average, prosecutes 5% of vehicular accident death cases as criminal matters. Most cases are viewed as tragic accidents caused by either driver or pedestrian negligence. Cases prosecuted criminally usually involve charges of drunken or drugged driving. So far no allegations of intoxicated driving have emerged in the Stewart/Ward investigation.
In this case it will be impossible to know what was going through Stewart's mind as he approached the Ward vehicle under the warning of a yellow flag. To prosecute this case as an intentional murder or even as a more serious form of manslaughter, there would have to be proof that Stewart "intentionally" aimed his car at Ward seeking to kill or injure him seriously.
Stewart's intent here is impossible to prove regardless of his bad boy reputation unless he were to confess to an intentional murder. I think it's safe to say that is not going to happen.
Prosecutors will next examine whether Stewart operated his vehicle with "depraved indifference," "recklessness" or "criminal negligence" at the track that night. Evidence of such conduct would be necessary to support any nonintentional murder, manslaughter or criminally negligent homicide charge.
The evidence supporting criminal charges is conspicuously absent given what we now know about the case. Ward recklessly choose to walk into an active and highly dangerous racetrack exposing himself to injury or death. An experienced professional driver such as Stewart had a right to expect that his fellow drivers would conduct themselves in a safe and professional manner during the race.
Collisions are a common part of the race scene, and one would expect a driver in Ward's vulnerable position to get off the track and out of harm's way immediately. Stewart was, no doubt, shocked to see Ward in the roadway pointing in his direction as he approached the turn again. In fact, Stewart's car appears to fishtail slightly, indicating an attempt to avoid contact with Ward.
In determining whether Stewart's conduct was reckless or criminally negligent, the conduct of the other drivers in the race will be examined. They appear to be proceeding at a similar speed as Stewart under the yellow flag warning. They too were probably surprised to see Ward positioned in such a dangerous place.
The evidence supporting criminal charges is just not here. In the end, all signs point to a red flag for any criminal charges against Stewart in this tragic accident arising from America's most popular summer sport.
(CNN) -- Even hardened race fans, accustomed to witnessing spectacular crashes, were stunned to see the shattered body of 20-year-old race car driver Kevin Ward Jr. sprawled on a New York dirt track Saturday night.
He had been run over and killed by a car driven by Tony Stewart, one of the most famous, charismatic and controversial drivers on the $3 billion-per-year NASCAR race circuit. Much of the public's interest in Stewart undoubtedly derives, not only from his winning record but also from his tough guy, bad boy image reminiscent of the sport's early rough-and-tumble days.
That image will certainly be one of the things authorities in New York will be looking at when trying to decide whether to close this case as a tragic accident or to press forward with criminal charges.
The preliminary signals from the Ontario County Sheriff's Office would indicate a favorable outcome for Stewart. Sheriff Philip Povero has announced that the Ward tragedy is viewed as an "on track crash," and that to date there was no evidence of "criminal intent." The sheriff did hedge a bit by saying that the "investigation was continuing."
The sheriff has undoubtedly been carefully reviewing the amateur video of the crash. It depicts Stewart's car in close proximity to Ward's car coming out of Turn 2 in the race. Ward's car then appears to be pushed into the outside wall, forcing his car out of the race.
Ward then appears to exit his vehicle angrily and charges on to the racetrack, pointing in the direction of Stewart's and other drivers' swiftly approaching cars. In graphic and stunning video footage, young Ward is hit, apparently by the right rear tire of Stewart's vehicle, causing him to be dragged down the track to his death.
We can expect that Povero will continue his investigation by interviewing witnesses and undoubtedly obtaining copies of other videos taken from different angles. He will likely consult with experts in racing.
NASCAR's Tony Stewart hits, kills driver
Sheriff: 'There's much work to be done'
Will Stewart face criminal charges?
His key questions: 1. Was Ward's decision to stand in the track, so close to moving vehicles unusual? 2. Should Stewart, knowing he may have struck Ward's car, have anticipated a problem when approaching the turn as a "yellow flag" had been thrown warning drivers to proceed cautiously as an accident or debris ahead was likely?
Povero will be working in close conjunction with the Ontario County District Attorney, R. Michael Tantillo, a seven-term veteran of criminal investigations and trials. Tantillo supervises a staff of about 10 attorneys that serves a county with a population of about 107,000 residents.
New York, on average, prosecutes 5% of vehicular accident death cases as criminal matters. Most cases are viewed as tragic accidents caused by either driver or pedestrian negligence. Cases prosecuted criminally usually involve charges of drunken or drugged driving. So far no allegations of intoxicated driving have emerged in the Stewart/Ward investigation.
In this case it will be impossible to know what was going through Stewart's mind as he approached the Ward vehicle under the warning of a yellow flag. To prosecute this case as an intentional murder or even as a more serious form of manslaughter, there would have to be proof that Stewart "intentionally" aimed his car at Ward seeking to kill or injure him seriously.
Stewart's intent here is impossible to prove regardless of his bad boy reputation unless he were to confess to an intentional murder. I think it's safe to say that is not going to happen.
Prosecutors will next examine whether Stewart operated his vehicle with "depraved indifference," "recklessness" or "criminal negligence" at the track that night. Evidence of such conduct would be necessary to support any nonintentional murder, manslaughter or criminally negligent homicide charge.
The evidence supporting criminal charges is conspicuously absent given what we now know about the case. Ward recklessly choose to walk into an active and highly dangerous racetrack exposing himself to injury or death. An experienced professional driver such as Stewart had a right to expect that his fellow drivers would conduct themselves in a safe and professional manner during the race.
Collisions are a common part of the race scene, and one would expect a driver in Ward's vulnerable position to get off the track and out of harm's way immediately. Stewart was, no doubt, shocked to see Ward in the roadway pointing in his direction as he approached the turn again. In fact, Stewart's car appears to fishtail slightly, indicating an attempt to avoid contact with Ward.
In determining whether Stewart's conduct was reckless or criminally negligent, the conduct of the other drivers in the race will be examined. They appear to be proceeding at a similar speed as Stewart under the yellow flag warning. They too were probably surprised to see Ward positioned in such a dangerous place.
The evidence supporting criminal charges is just not here. In the end, all signs point to a red flag for any criminal charges against Stewart in this tragic accident arising from America's most popular summer sport.
Last edited by black label; 08-12-2014 at 11:52 PM.
08-13-2014, 06:15 AM
#63
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no one thinks you're an idiot-but you are repeating what I said at the outset:intent is lacking.
Ambulance chasers? No, just stating what we all know is going to happen. I don't need to chase ambulances, people call me from the Bronx to Buffalo to represent them. I spend $575/year on advertising in a local phone book-that's it.
Ambulance chasers? No, just stating what we all know is going to happen. I don't need to chase ambulances, people call me from the Bronx to Buffalo to represent them. I spend $575/year on advertising in a local phone book-that's it.
08-13-2014, 10:37 AM
#64
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Kevin Ward family blames Tony Stewart aggressiveness: New video handed to cops
http://www.examiner.com/article/kevi...handed-to-cops
According to SN NASCAR on Aug. 12, the police investigators have received a new video tape of the Tony Steward-Kevin Ward accident and this tape is filmed from a different angle. They are in the process of reviewing the contents of this tape.
According to SN NASCAR on Aug. 12, the police investigators have received a new video tape of the Tony Steward-Kevin Ward accident and this tape is filmed from a different angle. They are in the process of reviewing the contents of this tape.
08-13-2014, 10:43 AM
#65
AZ Community Team
Criminal charge possible for Stewart in Ward death
https://sports.yahoo.com/news/crimin...6559--spt.html
Tony Stewart could still face criminal charges for running down Kevin Ward Jr. with his sprint car, even if the three-time NASCAR champion didn't mean to kill Ward, hurt him or even scare him.
Ontario County Sheriff Philip Povero, who announced on Tuesday that the investigation is continuing, has said that his initial findings have turned up nothing that would indicate criminal intent in the crash at the Canandaigua Motorsports Park.
But legal experts agree that does not mean Stewart is in the clear.
The NASCAR star could be charged with second-degree manslaughter under New York law if prosecutors believe he ''recklessly caused the death of another person,'' with negligent homicide another possibility, according to criminal law professor Corey Rayburn Yung of the Kansas University School of Law....
Tony Stewart could still face criminal charges for running down Kevin Ward Jr. with his sprint car, even if the three-time NASCAR champion didn't mean to kill Ward, hurt him or even scare him.
Ontario County Sheriff Philip Povero, who announced on Tuesday that the investigation is continuing, has said that his initial findings have turned up nothing that would indicate criminal intent in the crash at the Canandaigua Motorsports Park.
But legal experts agree that does not mean Stewart is in the clear.
The NASCAR star could be charged with second-degree manslaughter under New York law if prosecutors believe he ''recklessly caused the death of another person,'' with negligent homicide another possibility, according to criminal law professor Corey Rayburn Yung of the Kansas University School of Law....
08-13-2014, 12:09 PM
#66
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Saying my logic is flawed and using an example from traffic light directed pedestrian traffic to compare to a race track incident is flawed. In fact rules of the road are completely irrelevant in a race track. Pretty much everything you do on a race track would constitute driving to endanger on public roads..
If you want to provide a similar situation, it would have to involve a race track or a similar environment. Sprint cars are expected to corner by drifting, drifting on public roads will get you in trouble with the law regardless of whether you hit a pedestrian or not.
Reckless driving on the street and reckless driving on a race track are 2 actions which aren't comparable. In fact theses cars are not legal to drive on any road in the United States, how would normal road rules apply to them? If you want to subject race car drivers to normal road rules, their cars would all be impounded before the race even started as none of them are street legal and don't meet DOT regulations.
Maybe NY law disagrees with me but I feel like I have a reasonable expectation of safety when I leave my house. When taking part in a dangerous activity I willfully give up that reasonable expectation of safety. The expectations I have of other drivers on public streets isn't the same expectation I can have on a race track. No one seems to have a problem with Stewart bumping Wards car which cause him to spin out as it was a typical racing incident. The situation is far different if he bumped a car on a public street, it's no longer a racing incident, it's now an automobile accident and subject to punishment by local law.
If you want to provide a similar situation, it would have to involve a race track or a similar environment. Sprint cars are expected to corner by drifting, drifting on public roads will get you in trouble with the law regardless of whether you hit a pedestrian or not.
Reckless driving on the street and reckless driving on a race track are 2 actions which aren't comparable. In fact theses cars are not legal to drive on any road in the United States, how would normal road rules apply to them? If you want to subject race car drivers to normal road rules, their cars would all be impounded before the race even started as none of them are street legal and don't meet DOT regulations.
Maybe NY law disagrees with me but I feel like I have a reasonable expectation of safety when I leave my house. When taking part in a dangerous activity I willfully give up that reasonable expectation of safety. The expectations I have of other drivers on public streets isn't the same expectation I can have on a race track. No one seems to have a problem with Stewart bumping Wards car which cause him to spin out as it was a typical racing incident. The situation is far different if he bumped a car on a public street, it's no longer a racing incident, it's now an automobile accident and subject to punishment by local law.
EDIT: btw, I spent the Fall semester as a 1L learning those 3 things and don't expect you to have been talking on the same plane as me. Just wanted to ensure you knew I wasn't criticizing or belittling because that is definitely not my intent.
Last edited by Chief F1 Fan; 08-13-2014 at 12:49 PM.
08-13-2014, 02:00 PM
#67
Trolling Canuckistan
Fwiw 
I'm not really arguing, I find this a fascinating topic that has potential to change Motorsport. It's an interesting debate IMO and I'm putting myself squarely in the "this can't legally be blamed on Stewart" camp.
I'm not really arguing, I find this a fascinating topic that has potential to change Motorsport. It's an interesting debate IMO and I'm putting myself squarely in the "this can't legally be blamed on Stewart" camp.
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Chief F1 Fan (08-13-2014)
08-13-2014, 02:10 PM
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I agree: he cannot be charged criminally but he can always be made to be responsible in a civil suit.
08-13-2014, 10:32 PM
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EXCLUSIVE: Crash Witness Says Tony Stewart Could Not Have Avoided Hitting Other Driver
http://rochester.twcnews.com/content...-other-driver/
Investigators have now reviewed two videos of the incident. Povero said they show two different angles of Ward walking on the track after a crash at turn two on the 14th lap, and then being hit by Stewart's winged sprint car.
"From what I saw, Tony did everything in his power to turn down away from Kevin to avoid him," said sprint car driver Cory Sparks.
We have posted the entire interview with Cory Sparks below. Watch it in its entirety.
Sparks was just a few cars behind Stewart during Saturday's race. He said videos that have been posted online do not give an accurate picture of what happened.
"People say that they heard the engine rev up and he gassed it. In a sprint car, the only way to steer is you steer with the rear wheels as much as you do the steering wheel. In my opinion, what he did was he gassed it to turn down away from him," said Sparks.
Sparks also said drivers are very limited with the amount they can see out of the right side of the car.
"Kevin was wearing all-black. A black fire suit, a black helmet, which in normal situations isn't a big deal, they are to go with the colors of your car. It was tragic accident and a mistake was made," said Sparks.
http://rochester.twcnews.com/content...-other-driver/
Investigators have now reviewed two videos of the incident. Povero said they show two different angles of Ward walking on the track after a crash at turn two on the 14th lap, and then being hit by Stewart's winged sprint car.
"From what I saw, Tony did everything in his power to turn down away from Kevin to avoid him," said sprint car driver Cory Sparks.
We have posted the entire interview with Cory Sparks below. Watch it in its entirety.
Sparks was just a few cars behind Stewart during Saturday's race. He said videos that have been posted online do not give an accurate picture of what happened.
"People say that they heard the engine rev up and he gassed it. In a sprint car, the only way to steer is you steer with the rear wheels as much as you do the steering wheel. In my opinion, what he did was he gassed it to turn down away from him," said Sparks.
Sparks also said drivers are very limited with the amount they can see out of the right side of the car.
"Kevin was wearing all-black. A black fire suit, a black helmet, which in normal situations isn't a big deal, they are to go with the colors of your car. It was tragic accident and a mistake was made," said Sparks.
Last edited by West6MT; 08-13-2014 at 10:35 PM.
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08-14-2014, 05:41 AM
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I was hoping there was someone who would come forward and would be grateful if there were one or two more that did with useful information. I'm no Stewart fan boi but I sure don't want to see a guy being crucified for killing someone due to his actions alone.
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F-C (08-14-2014)
08-14-2014, 11:24 PM
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And finally to those who think I'm an idiot, here's an article by Paul Callan.
http://www.cnn.com/2014/08/11/opinio...rticle_sidebar
I'm starting to wonder if we've got ambulance chasing lawyers on Azine
http://www.cnn.com/2014/08/11/opinio...rticle_sidebar
I'm starting to wonder if we've got ambulance chasing lawyers on Azine
Ahhh .... so you're the guy that signed up for "Stunna's How To Highlight A Post" course.
08-15-2014, 05:15 AM
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08-15-2014, 06:37 AM
#73
Reality is not important, only how people perceive it. Everyone thinks they are an expert and knows exactly what tony's intentions were. It looks like ppl and the media will jump on the it is tony's fault bandwagon. From the video I see no conclusive evidence he did anything on purpose. I do not see the dirt kicking everyone is referring to. All I see is the car shifting to left when it hits ward. Tony should have slowed more and moved down further. He might have never seen ward till it was too late. I hope this doesn't mean every race driver in the future who accidentally hurts or kills someone is forced to retire. That would ruin motorsport.
08-15-2014, 10:01 PM
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1 for sure. Possibly slightly more, but not enough, I'm pretty sure, to 'ruin motorsport'.
FWIW, NASCAR instituted a new, firmer rule on approaching cars on the track after an altercation/accident.
.... Robin Pemberton, Nascar’s vice president for competition, announced Friday that drivers would now be required to remain in their racecars after accidents until safety workers arrived, unless they were at risk from fire or smoke.
The rule will prevent confrontations like the one in 2012 in which Tony Stewart got out of his racecar, stepped onto pit road at Bristol and threw his helmet at Matt Kenseth’s racecar as he passed.
Just last weekend, in a Nationwide Series race in Watkins Glen, N.Y., J. J. Yeley got out of his car after a crash and walked onto the track, as cars passed under caution, to gesture toward the driver Trevor Bayne.
That will no longer be permitted. Not after what happened that night, at Canandaigua Motorsports Park in upstate New York.
....
The rule will prevent confrontations like the one in 2012 in which Tony Stewart got out of his racecar, stepped onto pit road at Bristol and threw his helmet at Matt Kenseth’s racecar as he passed.
Just last weekend, in a Nationwide Series race in Watkins Glen, N.Y., J. J. Yeley got out of his car after a crash and walked onto the track, as cars passed under caution, to gesture toward the driver Trevor Bayne.
That will no longer be permitted. Not after what happened that night, at Canandaigua Motorsports Park in upstate New York.
....
08-16-2014, 08:57 AM
#75
It might not be permitted, but how do you stop someone from exiting the car when they are angry, full of adrenaline, and not thinking clearly.
An example would be ufc fighting where a fighter knocks a guy out and is still pummeling him after. That is why a referee is needed to stop them from killing each other.
An example would be ufc fighting where a fighter knocks a guy out and is still pummeling him after. That is why a referee is needed to stop them from killing each other.
08-16-2014, 10:08 AM
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a/k/a known as the 
Rule
Rule
08-17-2014, 09:21 AM
#77
Trolling Canuckistan
The rule change is a knee jerk reaction with absolutely no purpose. As said, it's the captain obvious rule. They should also make a rule that says not to dump gasoline on your lap while holding a burning zippo lighter.
How about, "if you get out of your car after an incident you are suspended 4 races". The only exception is if your safety is at risk by staying in the car. That said, even if you are forced to exit your vehicle for safety reasons, confronting another driver on the track will get you suspended for 4 races.
If there's no penalty for violating the rule, there's no reason to follow it.
said, it's the captain obvious rule. They should also make a rule that says not to dump gasoline on your lap while holding a burning zippo lighter. How about, "if you get out of your car after an incident you are suspended 4 races". The only exception is if your safety is at risk by staying in the car. That said, even if you are forced to exit your vehicle for safety reasons, confronting another driver on the track will get you suspended for 4 races.
If there's no penalty for violating the rule, there's no reason to follow it.
08-17-2014, 09:34 AM
#78
Trolling Canuckistan
Last edited by black label; 08-17-2014 at 09:37 AM.
08-17-2014, 10:01 AM
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I think your issue is with intent, shared fault, etc. Regardless of differences of opinion on those things, when one is hit by a car, drug under it and the spit out the back end, that person has, by definition, been 'run over'.
Selective reading probably: http://www.lmgtfy.com/?q=Ward+%27run+over%27
08-17-2014, 10:32 AM
#80
Trolling Canuckistan
I think your issue is with intent, shared fault, etc. Regardless of differences of opinion on those things, when one is hit by a car, drug under it and the spit out the back end, that person has, by definition, been 'run over'.
Selective reading probably: http://www.lmgtfy.com/?q=Ward+%27run+over%27
Selective reading probably: http://www.lmgtfy.com/?q=Ward+%27run+over%27
Apparently ward did "run on the track" because I can find articles which said so.
https://www.google.com/search?q=ward...&client=safari
It's pretty apparent the only way you'd believe Stewart would be if he released a press statement that read, "I saw Ward in the track and decided to hit him with my car to teach him a lesson, I'm glad I got him, he deserved it."