OT lawyers: is Tony Stewart going to go to jail?

Why does it look like manslaughter to you? If a guy is walking in the middle of the interstate and gets hit, does that drive get manslaughter too?

I couldn't tell if there was a deliberate swerve by Stewart to buzz the guy that turned into a clip by Stewart's car that led to his death.

..the other guy was an idiot for getting out of his car. Wrecks happen all of the time, and it's usually someone's fault.

Probably not. Guy was walking towards his car on a race track. Very little way to show intent, recklessness or even negligence beyond a reasonable doubt based on what I have seen so far.

Not to mention issues regarding contributory negligence of the victim and assumption of risk issues.

quote:

---

It looks like vehicular manslaughter to me.

---

Well maybe you should stop looking because you have no clue what you're talking about.

quote:

---

It looks like vehicular manslaughter to me.

---

WTF?

quote:

---

125.13 Vehicular manslaughter in the first degree

A person is guilty of vehicular manslaughter in the first degree when he or she commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and either:

(1) commits such crime while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law;

(2) commits such crime while knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in the state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law;

(3) has previously been convicted of violating any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law within the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other state or jurisdiction for an offense which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the vehicle and traffic law, shall be treated as a violation of such law;

(4) causes the death of more than one other person;

(5) has previously been convicted of violating any provision of this article or article one hundred twenty of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty of this title; or

(6) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes the death of such child.

If it is established that the person operating such motor vehicle caused such death or deaths while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused such death or deaths, as required by this section and section 125.12 of this article.

---

quote:

---

Penal Law § 125.12

§ 125.12 Vehicular manslaughter in the second degree

A person is guilty of vehicular manslaughter in the second degree when he or she causes the death of another person, and either:

(1) operates a motor vehicle in violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of the vehicle and traffic law or operates a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such motor vehicle, vessel or public vessel in a manner that causes the death of such other person, or

(2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such death, and as a result of such impairment by the use of alcohol, operates such motor vehicle in a manner that causes the death of such other person, or

(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the parks, recreation and historic preservation law or operates an all terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law in violation of subdivision two, three, four, or four-a of section eleven hundred ninety-two of the vehicle and traffic law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such snowmobile or all terrain vehicle in a manner that causes the death of such other person.

If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such death while unlawfully intoxicated or impaired by the use of alcohol or a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such death, as required by this section.

---

20 y/o kid with rustled jimmies leaves the relative safety of his race car, walks in the middle of an active race track, points at Stewart's vehicle Babe Ruth style, and in an deliberate aggressive effort he gets too close to the open wheeled vehicle. He sustains injury that leads to his death.

The deceased is the only person in the video to show aggression. Mr. Stewart's use of the accelerator is consistent with the other vehicles on the track.

quote:

---

It looks like vehicular manslaughter to me.

---

Let's see the analysis.

ETA: No clue why I posted in this blatant troll thread.

Note to self...if ever in a nascar or dirt track race and get in a wreck. Do not and I mean DO NOT get out of car and wall into on coming racers.

He should do hard time for wearing those horrible Oakleys.

Criminal.

quote:

---

Stewart going to go to jail?

---

No...

Kid walked onto live track. No one can prove that TS actually had intent to kill him.

shite...There was more evidence to support that Casey Anthony killed her kid and she ended up walking.