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

Posted on 8/10/14 at 11:29 am to
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 8/10/14 at 11:29 am to
Nothing that happened on the track fits vehicular manslaughter unless Stewart was drunk or high.

And your basis for negligent homicide is that he was driving two fast on a race track?

Posted by UFownstSECsince1950
Member since Dec 2009
32600 posts
Posted on 8/10/14 at 11:29 am to
quote:

don't think Stewart intentionally try to run the kid over
i don't either.

He clearly tried to get as close as he could and spray/bump/intimidate him.....anyone with half a clue can see this from that shitty video.

TS is a world class driver. He just spun dude out the lap before and knew exactly where he was located on the track. He could've easily slowed the frick down (caution lap) and stayed way the frick away from that guy and his car. TS should've been going slow at the bottom of the track.

Again, anyone with half a clue knows this and knows TS is dead wrong for his actions.
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
21386 posts
Posted on 8/10/14 at 11:29 am to
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.
Posted by Ash Williams
South of i-10
Member since May 2009
18144 posts
Posted on 8/10/14 at 11:29 am to
From the sheriff:

quote:

"He was visibly shaken by this accident," Povero said. "... This is right now being investigated as an on-track crash and I don't want to infer that there are criminal charges pending. When the investigation is completed, we will sit down with the district attorney and review it. But I want to make it very clear: there are no criminal charges pending at this time."


LINK
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/10/14 at 11:31 am to
quote:

It looks like vehicular manslaughter to me.
Let's see the analysis.

ETA: No clue why I posted in this blatant troll thread.
This post was edited on 8/10/14 at 11:32 am
Posted by gaetti15
AK
Member since Apr 2013
13361 posts
Posted on 8/10/14 at 11:31 am to
quote:

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.


he made an idiotic decision, now everybody suffers for it.

Everybody else is making something out of nothing
Posted by East Coast Band
Member since Nov 2010
62739 posts
Posted on 8/10/14 at 11:31 am to
Picture this hypothetical: Man and wife get into argument in their house. The wife storms out of the house and gets in her car to drive away. Husband comes after her and confronts her. She runs over him and kills him. What are her charges? If you believe no chrages, fine. Same situation here. Do recall it was Tony Stewart who wrecked the guy into the wall in the first place. TS has that to explain.
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 8/10/14 at 11:31 am to
You might be right, but you are making a ton of assumptions that can't been determined from the video.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 8/10/14 at 11:33 am to
quote:

Picture this hypothetical: Man and wife get into argument in their house. The wife storms out of the house and gets in her car to drive away. Husband comes after her and confronts her. She runs over him and kills him. What are her charges? If you believe no chrages, fine. Same situation here. Do recall it was Tony Stewart who wrecked the guy into the wall in the first place. TS has that to explain.


Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 8/10/14 at 11:34 am to
quote:

Same situation here.
nope. Also, you didn't state whether the man was confronting the wife by walking into traffic and dodging cars and acting aggressively.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421898 posts
Posted on 8/10/14 at 11:34 am to
quote:

Again, anyone with half a clue knows this and knows

ah

the dreaded "common sense" argument in the face of objective evidence
Posted by REB BEER
Laffy Yet
Member since Dec 2010
16171 posts
Posted on 8/10/14 at 11:34 am to
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.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 8/10/14 at 11:36 am to
quote:

Do not and I mean DO NOT get out of car and wall into on coming racers


Posted by East Coast Band
Member since Nov 2010
62739 posts
Posted on 8/10/14 at 11:37 am to
Sure it is the same, due to the fact TS wrecked him just prior. Apparently he was a little pissed at him for something. With that, intent can be drawn.
I'm indifferent on whether he gets charged, I just can see the side where he can be arrested due to the previous incident.
Posted by Carson123987
Middle Court at the Rec
Member since Jul 2011
66380 posts
Posted on 8/10/14 at 11:40 am to
He was obviously trying to buzz the guy and accidentally smoked him. Won't go to jail
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 8/10/14 at 11:40 am to
quote:

due to the fact TS wrecked him just prior. Apparently he was a little pissed at him for something. With that, intent can be drawn.
From what I saw it looked like a typical, "clean" race incident. Either way, bumping a car in race doesn't show intent to run over an individual on a track. Your hypothetical is a very weak attempt to draw an analogy imo.
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 8/10/14 at 11:42 am to
quote:

He was obviously trying to buzz the guy and accidentally smoked him. Won't go to jail
If it is as obvious as you claim, then it likely is criminal, but I disagree with the opinion that it is obvious.
Posted by UFownstSECsince1950
Member since Dec 2009
32600 posts
Posted on 8/10/14 at 11:42 am to
I highly doubt he gets charged, and if he does he easily beats any criminal charges. This will hurt his career, legacy, & pocketbook. Most of all, TS will have to live with this burden forever. He knows exactly what he did, and will always wish for that split-second, hot-headed, poor decision back.
Posted by Ash Williams
South of i-10
Member since May 2009
18144 posts
Posted on 8/10/14 at 11:44 am to
quote:

TS should've been going slow at the bottom of the track


He should've been going slow in a car race?

Would you have every baseball player charged with theft when he steals a base?
Posted by UFownstSECsince1950
Member since Dec 2009
32600 posts
Posted on 8/10/14 at 11:44 am to
Oh it's very obvious. Ask anyone who has ever raced before or knows anything about racing.
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