[NASCAR] Tony Stewart apparently runs over opposing driver

mick fry · Aug 10, 2014

Fact is the dude got out of his car, gonna be hard to prove intent. Stewart walks but not in traffic.

MONON · Aug 10, 2014

heypartner said: ↑

The only caveat to that is the drivers have communication headsets. Was Stewart told by his pit crew that Ward was in the middle of the track? Any communication like that, if recorded, would become evidence.
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That's a good point. I hadn't thought of that. It'll be interesting to see how this unfolds.

codell · Aug 11, 2014

Mr. Clutch said: ↑

It's not uncommon for these guys to run out on the track, apparently.
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I don't follow Sprint Car racing close enough to know if it is common there, but it definitely isn't common in the more professional leagues. Yeah I've seen plenty of gesturing, pointing and throwing of helmets, but I don't think I've ever seen anyone get close to the path of another car passing by under caution. That is just stupid.

Roxoff · Aug 11, 2014

Tony did it on purpose. His usual temper at it again

MadMax · Aug 11, 2014

mick fry said: ↑

Fact is the dude got out of his car, gonna be hard to prove intent. Stewart walks but not in traffic.
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You don't have to prove intent for vehicular manslaughter.

REEKO_HTOWN · Aug 11, 2014

MadMax said: ↑

You don't have to prove intent for vehicular manslaughter.
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If the best a prosecutor can do is try for manslaughter I don't think they will try at all.

DonnyMost · Aug 11, 2014

REEKO_HTOWN said: ↑

If the best a prosecutor can do is try for manslaughter I don't think they will try at all.
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http://statelaws.findlaw.com/new-york-law/new-york-involuntary-manslaughter-laws.html

While some states refer to these separate offenses as "involuntary" or "voluntary" manslaughter, the New York Penal Code identifies them as manslaughter in the second degree and first degree, respectively. A person commits second-degree manslaughter when he or she (a) recklessly causes the death of another person; (b) commits an unjustified abortional act upon a female which causes her death; or (c) commits assisted suicide. - See more at: http://statelaws.findlaw.com/new-yo...y-manslaughter-laws.html#sthash.0r5ZYSEC.dpuf
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Manslaughter in the second degree and aggravated manslaughter in the second degree are class C felonies. For second-degree manslaughter convictions, the Penal Code imposes a sentence of 3 to 15 years in prison. Conviction of aggravated second-degree manslaughter carries a heavier sentence and is subject to a term of 7 to 20 years in prison. The court may also levy a fine of $5,000 for the offenses.
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REEKO_HTOWN · Aug 11, 2014

DonnyMost said: ↑

http://statelaws.findlaw.com/new-york-law/new-york-involuntary-manslaughter-laws.html
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I understand what manslaughter is but the prosecutor can't be sure he can get a manslaughter charge...in a race track...with car non street legal cars...with a man willingly running in the middle of it.

This will be a civil matter and my guess Tony writes a $1 mil check at most.

Just chalk this up to Darwin and leave it alone. Some people are just too emotional and that can get them killed.

DonnyMost · Aug 11, 2014

I'm not sure how this statement...

REEKO_HTOWN said: ↑

I understand what manslaughter is but the prosecutor can't be sure he can get a manslaughter charge
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relates to this one...

REEKO_HTOWN said: ↑

If the best a prosecutor can do is try for manslaughter I don't think they will try at all.
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You make it sound as if a manslaughter charge is no big deal. I posted that info to show you, it is, in fact, a big deal.

If there's enough cause to reason out manslaughter, they're not going to go "pfft, that's not even worth my time... go murder or go home, baby".

REEKO_HTOWN · Aug 11, 2014

You may think you can prove manslaughter Donny but I don't think it will happen.

I don't think they will feel there's enough evidence. There needs to be motive for 'murder' so you you will be disappointed here too. I've read enough stories of bicyclists getting killed by drivers and not even getting a manslaughter charge or getting it dropped to see the probably outcome here and I HATE Smoke.

DonnyMost · Aug 11, 2014

REEKO_HTOWN said: ↑

You may think you can prove manslaughter Donny but I don't think it will happen.
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I don't know if you can prove it, but I think it's a worthwhile and appropriate charge to pursue.

REEKO_HTOWN said: ↑

I don't think they will feel there's enough evidence. There needs to be motive for 'murder' so you you will be disappointed here too.
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Dafuq are you talking about? I didn't suggest it was murder.

REEKO_HTOWN said: ↑

I've read enough stories of bicyclists getting killed by drivers and not even getting a manslaughter charge or getting it dropped to see the probably outcome here and I HATE Smoke.
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I think you're right about him cutting a check. Sponsors are also going to bail on him too, so there's that. It will be curious to see how it plays out.

i3artow i3aller · Aug 11, 2014

Yea, I suppose “dick” is one word to describe Tony Stewart at this point. I’m not going to sit here and say he did it on purpose, but I will say it’s a bit wild there is even speculation that he did it on purpose, and nobody finds it preposterous at all. That’s what I’ve been thinking about..the fact that it’s basically a coin flip on if he did it on purpose, and people wouldn’t be shocked if it was. Not a good look. Not a great reputation to have when people think you ran over another human being on purpose. Obviously we’ll never know what the **** was going through Tony Stewart’s head when he saw Kevin Ward standing in the middle of the track the other night. Some people say it’s obvious he fish tailed and clipped Ward on purpose. Some people are saying if every other car got out of the way, why didn’t Tony? It’s just a ridiculous situation, and yea, Tony Stewart was a bit of a dick after it. Should Kevin Ward have stepped out onto a race track where cars were still zooming around? Of course not. But what happened happened, and what a huge slap in the face to Kevin Ward’s family that he was going to ho hum drive the next day as if nothing happened. Getting into his race car as if he wasn’t responsible for killing a person the night before. It’s insanity.

DonnyMost · Aug 11, 2014

Major said: ↑

I'd be interested to see what other drivers say about it - none of us really has any idea of what it's like to be in the car. One current driver was on ESPN earlier today and basically said that he didn't think Stewart intended to hit him, but he felt it was definitely intentional and that maybe he planned to scare him or something like that. They asked him what other drivers thought and he just stated it was his own opinion. I hope they ask more drivers and I'll be curious to see if they are willing to discuss it.
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This is the most plausible explanation IMO. You've got two guys in the heat of the moment after a wreck in a pro event of a sport drowning in testosterone. Stewart has a reputation of being ill-tempered and aggressive. Probably meant to scare him or throw dirt on him. Miscalculated, and boom... worst circumstance come to life.

Mr. Clutch · Aug 11, 2014

Or maybe he just didn't see him

The first car barely missed him

DonnyMost · Aug 11, 2014

http://www.si.com/racing/2014/08/10/tony-stewart-kevin-ward-legal-ramifications

Stewart faces several possible legal consequences after fatal accident

Former NASCAR champion Tony Stewart could face criminal charges, civil lawsuits and loss of endorsement deals in the aftermath of his race car striking and killing Kevin Ward, Jr. in a sprint-car race at Canandaigua Motorsports Park on Saturday night in upstate New York. The incident arose after Stewart’s race car clipped Ward’s race car, which then hit the outside wall, cut a tire and spun out, thereby prompting officials to issue a caution flag. The flag instructed the drivers to slow down. Ward then left his car, walked onto the track and seemingly tried to confront Stewart as Stewart’s race car approached his direction. Stewart's car then hit and killed Ward. Stewart and his representatives have described the incident as a tragedy and accident. The following analysis breaks down the potential legal consequences for Stewart.

Possible criminal charges against Stewart

The most serious legal consequences of Ward’s death are those grounded in New York criminal law. It is important to stress that Stewart has not been charged with a crime and that Ontario County sheriff Philip Povero unequivocally stated on Sunday there are “no facts in hand that would substantiate criminal intent from any party.” Povero also noted that he has consulted with Ontario County district attorney R. Michael Tantillo, who could seek a grand jury to evaluate whether to charge Stewart. Keep in mind, Stewart will not be charged unless law enforcement and prosecutors believe a jury would find his guilt beyond a reasonable doubt. Stewart should take relief from Povero’s declaration.

For two reasons, however, the absence of criminal intent in a sheriff’s estimation does not necessarily mean Stewart will avoid charges.

First, a lack of pending charges does not mean that charges won’t be brought at a later date, including months or even years from now. The presence of a videotape is a crucial piece of evidence for law enforcement to review, as it provides a record of the event. Stewart’s clipping of Ward is also telling, because it could indicate that he wanted to scare Ward after Ward left his race car to confront Stewart. Driving close to someone as a way of frightening them could be considered reckless conduct, or at least an issue worthy of examination by a grand jury. Notably, Tyler Graves, a sprint-car racer who attended the race and who has been described as a friend of Ward, suggested to The Sporting News’ Bob Pockrass that Stewart acted with some degree of intent: “I know Tony could see [Ward] . . . When Tony got close to him, he hit the throttle.” If other drivers make similar comments, there may be increased pressure on Povero and Tantillo to pursue charges.

Accident leaves many questions that won't be answered

Along those lines, it is at least plausible that a grand jury could conclude that while Stewart did not intend to kill Ward – which, when accompanied by other elements, would constitute murder in the first degree – he may have engaged in conduct consistent with murder in the second degree. Under New York law, murder in the second degree entails acting with a depraved indifference to human life and recklessly engaging in conduct that “creates a grave risk of death to another person, and thereby cause the death of another person.” New York classifies murder in the second degree as an A-I felony, and it carries up to a life sentence and minimum of 15 years behind bars.

Police say no sign of criminal intent; charges still possible

Second, “criminal intent” is not the only state of mind that could lead to criminal charges against Stewart. For instance, negligent homicide refers to accidentally causing the death of another through negligent conduct, such as reckless operation of a motor vehicle. Crucially, negligent homicide would not require that Stewart intentionally tried to kill Ward, only that he drove recklessly or carelessly. Such misconduct might include trying to scare — but not hurt — Ward. In New York, negligent homicide is a Class E felony and carries a maximum punishment of four years in prison.

Another plausible, though less likely, charge against Stewart is manslaughter in the first degree, which would necessitate that Stewart intended to cause Ward serious harm and in doing so killed him. A conviction would carry a prison sentence of up to 25 years. Manslaughter in the second degree, which carries a prison term of up to 15 years, would be appropriate if Stewart’s conduct in driving was deemed sufficiently reckless and connected to Ward’s death.

New York also has several criminal statutes related specifically to vehicular homicide. None of them appears relevant to Ward’s death. These statutes contemplate multiple deaths or injuries caused by a person’s driving, as well as excessive use of drugs or alcohol, or driving with a poor record. Stewart did not injure anyone other than Ward, and there is no reason at this time to believe that he was driving under the influence of alcohol or drugs, or that he faced prior charges related to his driving.

Possible wrongful death lawsuit against Stewart and prospect of a settlement

While Stewart is poised to avoid criminal charges, he may not be so fortunate with civil litigation. Ward’s family could sue Stewart for wrongful death, which refers to negligently causing the death of another. A successful wrongful death lawsuit could lead to millions of dollars in damages, particularly since wrongful death damages are largely contingent on the decedent’s age and loss of future earnings. Ward was only 20 years old and he seemed to have a promising and possibly lucrative future as a driver. The statute of limitations for a wrongful death lawsuit in New York is two years, meaning Ward’s family has until Aug. 9, 2016 to sue.

Ward’s family would need to convince a jury that Stewart’s conduct was probably unreasonable and caused Ward’s death. Other drivers would be called to testify as experts and offer their views as to the reasonableness of Stewart’s conduct. Stewart himself could also be called to testify. His ability to invoke the Fifth Amendment to avoid answering questions would depend on whether the questions asked of him require him to admit that he engaged in criminal conduct.

In his defense in a wrongful death lawsuit, Stewart could argue that Ward’s own conduct played a crucial role in his death. After all, Ward clearly accepted some degree of safety risk by leaving his race car after it spun out of control. Drivers are discouraged from leaving their race cars during races unless their own safety is imperiled. Ward only elevated this safety risk by trying to confront or incite Stewart as Stewart’s race car approached on the track.

On the other hand, Ward exited his vehicle only after the caution flag was thrown and he must have had no expectation that Stewart’s race car would hit him or he obviously would not have waved his hands at Stewart. Moreover, if it is true that Stewart could see Ward, Stewart’s decision to drive so close to him and perhaps even increase his speed on the approach might prove damning in the minds of jurors. Expert testimony would prove crucial in an interpretive legal debate of what Stewart “should have done.”

Stewart, whose net worth reportedly exceeds $100 million, may try to avoid civil litigation by reaching an out-of-court settlement with Ward’s family. A settlement would constitute a contract between Stewart and Ward’s family where Stewart would agree to pay a significant amount of money in exchange for Ward’s family relinquishing any legal claims it may have against him. The settlement would likely be confidential and not contain any admission of wrongdoing. Given that a civil trial involving Stewart would attract headlines and remind the public of Ward’s death, Stewart would seem to have good reason to seek a settlement and avert a trial.

Possible suspension and loss of endorsement deals for Stewart through 'morals clauses'

NASCAR has broad legal authority to discipline drivers, who are not represented by a union and do not enjoy collectively bargained protections. NASCAR’s system of justice is generally handled by its “Deterrence System,” which establishes appropriate penalties for various infractions and offers disciplined drivers the opportunity to appeal a sanction to its final appeals officer (Bryan Moss).

Whether NASCAR takes action against Stewart remains to be seen. While Stewart is a NASCAR driver, the incident did not occur at a NASCAR-sanctioned race. A sprint car race, moreover, is an entirely different form of racing from NASCAR or IndyCar. To the extent NASCAR disciplines Stewart, it would be based on his conduct outside the scope of his employment as a NASCAR driver. NASCAR punishing Stewart would be akin to the NFL or the NBA suspending one of its players for an off-field or off-court incident that embarrasses the league and causes it reputational damage (for example, the NFL suspending Ray Rice for domestic abuse or the NBA suspending Raymond Felton for gun charges).

Stewart also faces potential adverse consequences in the form of terminated endorsement deals. Stewart reportedly has lucrative endorsement deals with such blue chip companies as Coca-Cola, Chevrolet and Mobil 1. While I have not reviewed Stewart’s endorsement contracts, they likely contain “morals clauses.” These clauses allow the company to end or suspend an endorsement contract with an athlete whose misconduct brings shame onto the company. Typically, morals clauses are broadly written to include any misconduct -- whether it leads to criminal charges, civil lawsuits or simply bad press -- and that is especially true with major companies. Stewart, like Tiger Woods, could face a loss of endorsement deals because of the controversy, settling aside whether it leads to any legal consequences.

Possible — but unlikely — liability for Canandaigua Motorsports Park and race organizers

At this point, there is no reason to believe that Canandaigua Motorsports Park or the race’s organizers engaged in conduct that would lead to civil liability. Information would need to surface that the track’s dimensions or other features somehow contributed to Ward being struck by Stewart’s race car, and as of now there are no indications that the track played such a role. This is further supported by the fact that the track has been around since 1953 and does not appear to have a history of safety problems. Similarly, officials in charge with keeping the race safe appeared to have done their job by issuing a caution flag after Ward’s race car hit the outside wall. Officials had no realistic way of stopping Ward from leaving his car and confronting Stewart.

Michael McCann is a Massachusetts attorney and the founding director of the Sports and Entertainment Law Institute at the University of New Hampshire School of Law. He is also the distinguished visiting Hall of Fame Professor of Law at Mississippi College School of Law.
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Castor27 · Aug 11, 2014

If this goes to any type of trial Stewart will have well paid lawyers that will put the guy from the car in front of him on the stand. He's already been quoted as saying he didn't see Ward until he was up on him. They will contend that as he walked further down the track he was less visible and Tony didn't see him either. Whether it was the truth or not that seems plausible. I would guess a civil suit will be settled because Stewart won't want to have to defend his actions and Wards family may not want to have to defend his recklessness of getting out of the car and walking into the traffic area.

Smokey · Aug 11, 2014

MadMax said: ↑

You don't have to prove intent for vehicular manslaughter.
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Yup, if Stewart through his reckless/negligent action caused Ward's death he could be found liable.

I'll leave that for a jury. I think there's enough "doubt" out there whether the action was reckless/negligent for an experience driver.

DAROckets · Aug 11, 2014

Roxoff said: ↑

Tony did it on purpose. His usual temper at it again
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I've seen this posted several times in this thread about him having a temper/hothead or whatever ... Could some of you saying this please give some examples of past incidents ?

likestohypeguy · Aug 11, 2014

Christopher said: ↑

For those unfamiliar with a spring car, they are not like normal racing cars. Their wheels are set at very strange angles so when you accelerate they actually want to go side wards. That is how these cars go around corners, they power slide into them. They are set up to run very strange.

On top of that, they are extremely powerful. When they are racing and in the groove, they are a handful to get around a track. When they are slowed down they handle even worse.

During a caution drivers will accelerate to keep tyre pressures up, to keep their tyres warm, and to keep all their other pressures up.

Visibility inside of a sprint car isn't all that great. Keep in mind, during a race these cars aren't set up to be looking out to the right hand side while you're racing. That's not where a driver is looking at all.

It's hard to tell what Stewart was doing from that camera angle so I won't comment on his behaviour. I will say this though.

You never jump out of a wrecked car and run into the traffic. That was just asking for trouble. I've seen drivers throw helmets at cars, even go towards the track to abuse a driver as he goes past. I have never before seen a driver run into the racing line like that.

Just a horrible incident.
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Generally, yes. However in this case given his skillset and experience on the track, the onus is on Stewart to prove that there was nothing HE could have done to avoid hitting that guy trying to intercept his car on foot, in order to be found not guilty of involuntary murder. At the very least that angry aunt on twitter needs a million dollars, for the tragedy and his punishment.

DAROckets · Aug 11, 2014

DAROckets said: ↑

I've seen this posted several times in this thread about him having a temper/hothead or whatever ... Could some of you saying this please give some examples of past incidents ?
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Nevermind ...plenty of examples on youtube .

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