Tony Stewart Apparently Hits Walking Driver With Sprint Car

[4down20]

btw, this video is upload by "legal experts". It's just a video of the incident, but the interesting part is what it has in the description.

[ame=http://www.youtube.com/watch?v=qILmIyG6qno]DISCRETION ADVISED - NASCAR driver Tony Stewart Hits Kevin Ward, Jr., in Sprint Car Race - YouTube[/ame]

LEGAL ANALYSIS:

The "vehicular manslaughter" codes of New York generally apply to vehicles on the roadway. This was obviously a race and contest, thus we do not believe those fully apply. Manslaughter in the second degree in New York states: "A person is guilty of manslaughter in the second degree when... He recklessly causes the death of another person." Certainly, other criminal codes could apply.

As criminal defense lawyers look at this, the question will come as to what Tony Stewart saw and intended and what forensically can be determined by this video evidence and other accounts and evidence. It is significant that the lap was UNDER CAUTION because of the initial wreck Stewart caused to Ward. If Stewart, in fact, intended to scare or intimidate or hit Ward, or was determined to be exceedingly reckless, Tony Stewart could likely be charged with manslaughter unless there was an intent to cause harm. Mitigating factors would be the fact that Ward was wearing all black on a known dark corner of the track and exited his car. Many tracks make drivers sign waivers and otherwise enforce the very limited circumstances an on-track vehicle should be exited. Stewart's history of aggression may work against him, but the comparative liability of Ward exiting his vehicle is certainly a factor.

Civil liability is separate and may also follow for wrongful death where death was "caused by the wrongful conduct of the defendant."

At this time, not enough facts are known. Police are likely to do a full investigation before making issuing too much of a statement or making any decision on criminal charges or arrest. Thoughts and prayers to all involved. This is for informational purposes only. For more details, visit NASCAR?s Tony Stewart Hits and Kills 20-year-old in Dirt Track Race (with video and legal analysis) | Courts & Sports.

Interview with a witness(clearly not the brightest bulb in the pack, but witness).

[ame=http://www.youtube.com/watch?v=UTyGaST1REE]Telephone Interview of Witness in Tony Stewart / Kevin Ward Racing Incident - YouTube[/ame]

 

[Jack_John_Mark]

Nebraska sucks!!

Feel better now.

That's moar better.

 

[4down20]

Not sure what you're trying to say then. In your first post, you seem to say the tire doesn't stick out far enough from the car to suck the kid under unless Stewart did something intentional.

Then, in the next 2, you say it's an extra or additional 6-8 inches. Your second 2 posts seem to indicate that the tires are wide enough to have sucked the kid under without Stewart necessarily doing anything intentional.

Am I missing something?

The front tires missed, and the back tire hit him. The reason the back tires hit him was because he fishtailed the back end towards him. The extra it sticks out is important in that the tires likely wouldn't have hit him if not for the fishtail. The fishtail was a result of him hitting the gas.

 

[WizardHawk]

Wish some of those videos from the crowd would come out. No matter how many times I look at the video available there just isn't enough there to say he was doing anything but reacting.

Note I'm not saying that's all he was doing, I'm just saying I can't say it was anything else just by that video.

 

[trojanfan12]

The front tires missed, and the back tire hit him. The reason the back tires hit him was because he fishtailed the back end towards him. The extra it sticks out is important in that the tires likely wouldn't have hit him if not for the fishtail. The fishtail was a result of him hitting the gas.

Okay. That makes sense. I thought I was missing something.

 

[pitman]

People keep saying that the track was dark as the reason Tony couldn't see him.

As for the rear tire. That would be 6-8 inches extra that is on he right side, not 6-8 inches total from the body of the car. Those numbers are from pitman btw, I only knew the tire was bigger.

Every one set there car up different, But I will try to explain this a little better. the front tires are 8-10 inches wide the rear tires can be 24 - 30 inches wide so the right rear tire can stick out 12 to 16 inches farther than the front. The stager is the diameter of the tire, the right rear is always bigger around depending on track, about 8" bigger but on a tacky track I have ran unto 16". If you have a 95 inch right rear diameter tire and want 14 inches of stager the left rear tire will be 81 inches in diameter. this is why when you give it GAS the car will pull to the left. The rear ends are Locked so it is basic math 95>81. Also keep in mind that the light are shining down on the track so inside the car is very dark because of the wing. also at caution speeds it is just bumpier inside the car, the faster the speed the smoother the ride ( Ya go figure ) but still not a Cadillac by any means. if you have any question i will be glad to try to answer them.

Again I will let the Police figure this out.

I am not a big Tony fan but, having raced these I do think he did all he could do to NOT hit Ward.

 

[4down20]

Every one set there car up different, But I will try to explain this a little better. the front tires are 8-10 inches wide the rear tires can be 24 - 30 inches wide so the right rear tire can stick out 12 to 16 inches farther than the front. The stager is the diameter of the tire, the right rear is always bigger around depending on track, about 8" bigger but on a tacky track I have ran unto 16". If you have a 95 inch right rear diameter tire and want 14 inches of stager the left rear tire will be 81 inches in diameter. this is why when you give it GAS the car will pull to the left. The rear ends are Locked so it is basic math 95>81. Also keep in mind that the light are shining down on the track so inside the car is very dark because of the wing. also at caution speeds it is just bumpier inside the car, the faster the speed the smoother the ride ( Ya go figure ) but still not a Cadillac by any means. if you have any question i will be glad to try to answer them.

Again I will let the Police figure this out.

I am not a big Tony fan but, having raced these I do think he did all he could do to NOT hit Ward.

My source told me that with the cars setup that way, the car will want to turn left easily even without hitting the gas.

Do you agree with that?

 

[pitman]

My source told me that with the cars setup that way, the car will want to turn left easily even without hitting the gas.

Do you agree with that?

yes it will naturally want to turn left with that much stager. it will just turn left faster by hitting the gas.

It is just one of those thing you get use to doing, You give it gas to go left and let off the gas to go right.

 

[hockey878]

Really?

Do you actually have an opinion, or are you jumping on a bandwagon here?

I actually watch the sport and pay attention to what is going on. That's why I know who Tony Stewart is.


Tony Stewart's history of rage as charges not been ruled out | Mail Online

"Stewart, 43, has a history of lashing out at fellow competitors, throwing punches and threatening to run them over after they anger him."

if you know half as much about nascar as you claim to, you'd KNOW that the term "im going to run him over" is used FREQUENTLY among MANY nascar drivers, and DOES NOT mean literally run him over.

Im assuming you know that since you are such a devout nascar fan right?

 

[Jack_John_Mark]

if you know half as much about nascar as you claim to, you'd KNOW that the term "im going to run him over" is used FREQUENTLY among MANY nascar drivers, and DOES NOT mean literally run him over.

Im assuming you know that since you are such a devout nascar fan right?

There were people standing right there.

He said he would run him over if he saw him out of his car the next chance he got. He specifically said if he saw him on foot in the pit area he would drive over his body.

Stop it.

 

[Jack_John_Mark]

Tony Stewart had to make a heart felt apology for threatening to kill him.

This was all over the news when it happened.

Stop it.

 

[hockey878]

what you are saying is completely inaccurate. But please, continue to make up your own story.

 

[hockey878]

you understand that "im going to run him over"

in NASCAR is a term that refers to bumping, spinning out, driving aggresively right?


"Mr. I watch NASCAR all the time" if you did, then you would clearly CLEARLY understand that the phrase I am going to run him over DOES NOT literally mean you will run him over but rather is a term used as i described above.

How many times do you hear a driver say "driver X just ran us over" that DOES NOT mean that the guy literally got ran over. it means driver X wrecked him/drove through him/drove over agressive.

for claiming to be a nascar fan, you know very little

 

[Jack_John_Mark]

I understand Nascar talk. This wasn't Nascar talk. He told him he would run him over the next time he saw him on FOOT.

 

[hockey878]

when?

 

[hockey878]

lets see the video, or quote

 

[jonvi]

Every one set there car up different, But I will try to explain this a little better. the front tires are 8-10 inches wide the rear tires can be 24 - 30 inches wide so the right rear tire can stick out 12 to 16 inches farther than the front. The stager is the diameter of the tire, the right rear is always bigger around depending on track, about 8" bigger but on a tacky track I have ran unto 16". If you have a 95 inch right rear diameter tire and want 14 inches of stager the left rear tire will be 81 inches in diameter. this is why when you give it GAS the car will pull to the left. The rear ends are Locked so it is basic math 95>81. Also keep in mind that the light are shining down on the track so inside the car is very dark because of the wing. also at caution speeds it is just bumpier inside the car, the faster the speed the smoother the ride ( Ya go figure ) but still not a Cadillac by any means. if you have any question i will be glad to try to answer them.

Again I will let the Police figure this out.

I am not a big Tony fan but, having raced these I do think he did all he could do to NOT hit Ward.

My source told me that with the cars setup that way, the car will want to turn left easily even without hitting the gas.

Do you agree with that?

yes it will naturally want to turn left with that much stager. it will just turn left faster by hitting the gas.

It is just one of those thing you get use to doing, You give it gas to go left and let off the gas to go right.

These are great explanations...even some science thrown in. Outstanding posts.

 

[Jack_John_Mark]

lets see the video, or quote

I'm at work right now but I'll find an article later.

I just read one last night stating he said if he saw him on foot in the pit area he would run him over.

This was right after he threw a punch at him. Probably not a moment when he would say something as harmless as "hey I'm going to make you spin out next time I see you on the track!"

Tony Stewart is a different breed than the rest of these drivers. He's been in Anger Management for years.

 

[HammerDown]

 

[4down20]

yes it will naturally want to turn left with that much stager. it will just turn left faster by hitting the gas.

It is just one of those thing you get use to doing, You give it gas to go left and let off the gas to go right.

So he didn't need to hit the gas to make it turn, he could have just turned like the other car did.

Does hitting the gas speed the car up as well?