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re: VIDEO: Tony Stewart hits opposing driver; driver has died according to reports

Posted on 8/10/14 at 1:02 am to
Posted by BobRoss
Member since Jun 2014
1724 posts
Posted on 8/10/14 at 1:02 am to
quote:

There will surely be a civil settlement, but any attempt at criminal charges will be laughed out of court.


I think it's enough to put him on trial for manslaughter, but not enough for a conviction.

It's not possible to prove beyond a reasonable doubt that his actions were intentional.
Posted by RummelTiger
Official TD Sauces Club Member
Member since Aug 2004
93627 posts
Posted on 8/10/14 at 1:02 am to
quote:

Will an admin update the thread if the OP doesn't?



If I'm awake, I will.
Posted by saintsfan92612
Taiwan
Member since Oct 2008
30444 posts
Posted on 8/10/14 at 1:02 am to
I don't either, I absorbed some stuff in sports law classes back in the day.


Here is what I found with a 4 second google search:

LINK
quote:

1905 - Allan Loney was charged with manslaughter in the on-ice clubbing death of Alcide Laurin. Loney claimed self-defence, and was found not guilty.[5]

1907 - Ottawa Senators players Harry Smith, Alf Smith and Charles Spittal were charged with assault after beating Montreal Wanderers players Hod Stuart, Ernie "Moose" Johnson and Cecil Blatchford with their sticks.

1907 - Ottawa Victorias player Charles Masson was charged with manslaughter after Cornwall player Owen McCourt died of a head wound sustained in a brawl. Masson was found not guilty on the grounds that there was no way to know which blow had killed McCourt.[6]

1922 - Sprague Cleghorn injured three Ottawa Senators players in a brawl, leading Ottawa police to offer to arrest him.

1969 - In a pre-season game held in Ottawa, Ted Green of the Boston Bruins and Wayne Maki of the St.Louis Blues engaged in a violent, stick-swinging brawl. A fractured skull and brain damage caused Green to miss the entire 1969–1970 NHL season.[7] The NHL suspended Maki for 30 days and Green for 13 games. Both men were acquitted in court.

1975 - Dan Maloney of the Detroit Red Wings was charged with assault causing bodily harm after he attacked Brian Glennie of the Toronto Maple Leafs from behind. In exchange for a no-contest plea, Maloney did community service work and was banned from playing in Toronto for two seasons.

1975 - Police charged Bruins player Dave Forbes with aggravated assault after a fight with Henry Boucha of the Minnesota North Stars. After a nine-day trial ended with a hung jury, charges against Forbes were dropped. Boucha suffered blurred vision from the incident and never fully recovered.

1976 - Philadelphia Flyers players Joe Watson, Mel Bridgman, Don Saleski and Bob "Hound" Kelly were charged with assault after using their hockey sticks as weapons in a violent playoff game between the Flyers and the Toronto Maple Leafs in which fans had been taunting the Flyers players and spitting at them. Bridgman was acquitted, but the other three Flyers were found guilty of simple assault.

1976 - Calgary Cowboys forward Rick Jodzio plead guilty to a charge of assault following a cross-check to the head of Quebec Nordiques player Marc Tardif during the World Hockey Association playoffs. The hit led to a 20-minute bench clearing brawl.[8]

1977 - Dave "Tiger" Williams of the Toronto Maple Leafs hit Pittsburgh Penguin Dennis Owchar with his stick. He was charged with assault, but acquitted.

1982 - Jimmy Mann of the Winnipeg Jets left the bench and sucker-punched Pittsburgh Penguin Paul Gardner, breaking Gardner's jaw in two places. Mann was fined $500 and given a suspended sentence in Winnipeg.

1988 - Dino Ciccarelli hit Leafs defenceman Luke Richardson with his stick. Charged and convicted of assault, he was sentenced to one day in jail and fined $1,000.

1998 - Jesse Boulerice of the Plymouth Whalers was suspended for the rest of the playoffs after violently swinging his stick at Guelph Storm forward Andrew Long. Boulerice was charged with assault as a result of the incident.

2000 - Marty McSorley of the Boston Bruins hit Vancouver Canuck Donald Brashear in the head with his stick in the waning moments of the game, after losing a fight to Brashear earlier in the game. McSorley was convicted of assault with a weapon and given an 18-month conditional discharge.

2004 - In the Todd Bertuzzi - Steve Moore incident, Bertuzzi of the Vancouver Canucks sucker-punched Moore of the Colorado Avalanche in the back of the head, knocking him unconscious. The pair then fell to the ice with Bertuzzi's weight crushing Moore face-first into the ice, followed by several players from both teams further piling onto the mêlée. Moore sustained three fractured vertebrae, a grade three concussion, vertebral ligament damage, stretching of the brachial plexus nerves, and facial lacerations. Bertuzzi was charged by police, and given a conditional discharge after pleading guilty to assault causing bodily harm. His suspension resulted in a loss of $500,000 in pay and the Canucks were fined $250,000. Bertuzzi was re-instated in 2005; Moore has not played since and made several unsuccessful attempts at civil litigation.
This post was edited on 8/10/14 at 1:06 am
Posted by JBearden
Birmingham
Member since Jul 2011
2666 posts
Posted on 8/10/14 at 1:02 am to
What your saying is if a baseball player hits a homerun .....the pitcher then beats him to death with his bat ... tis ok ?
Posted by c on z
Zamunda
Member since Mar 2009
130916 posts
Posted on 8/10/14 at 1:02 am to
People like you make the OT jump for joy in their belief that the world needs fewer lawyers.
Posted by UncleRuckus
Member since Feb 2013
10053 posts
Posted on 8/10/14 at 1:02 am to
A football game is where people who are protected similarly engaging in a game where they know they will be tackled, hitting someone with a car who is not in a car is very different.


Really stupid to compare this with football
Posted by Cap Crunch
Fire Alleva
Member since Dec 2010
54189 posts
Posted on 8/10/14 at 1:03 am to
I gotcha

I guess my point was that a jaywalker is an unavoidable accident and this is different

At least so it seems
This post was edited on 8/10/14 at 1:04 am
Posted by jeff5891
Member since Aug 2011
15964 posts
Posted on 8/10/14 at 1:03 am to
Np
Posted by sealawyer
Coonassganistan
Member since Nov 2012
3145 posts
Posted on 8/10/14 at 1:03 am to
quote:

How is running over someone with a car the same as simple battery? Good luck convincing a jury that just because you race a car you can kill people.


Your reading comprehension is laughable.

Let me dumb it Down.

Takle someone in public = crime (simple battery)
Takle someone intentionally on the field after a play = not a crime
Hit someone with you car in public = poss. Crime
Hit someone with you car on the track = ?



Posted by Rebelgator
Pripyat Bridge
Member since Mar 2010
40186 posts
Posted on 8/10/14 at 1:03 am to
He was reportedly hit with the back tire among a list of other reasons.
Posted by DeathValley85
Member since May 2011
19287 posts
Posted on 8/10/14 at 1:03 am to
Man I'm just getting home. Did Tony Stewart friggin kill a man??

.....onnnnn purpose?
Posted by Bigpoppat
Drinking a Manhattan
Member since Oct 2008
9277 posts
Posted on 8/10/14 at 1:04 am to
quote:

It's not possible to prove beyond a reasonable doubt that his actions were intentional. 


How can you possibly come to that conclusion? Based on Twitter reports?

How about we wait, oh I don't know, maybe 24 hours for some details to develop before you turn into Clarence Darrow.
Posted by LSUSoulja08
Member since Oct 2007
16969 posts
Posted on 8/10/14 at 1:04 am to
quote:

Here is what I found with a 4 second google search:


aight well there is no need to be a douche about it. I was just wondering frick
Posted by Cap Crunch
Fire Alleva
Member since Dec 2010
54189 posts
Posted on 8/10/14 at 1:04 am to
Dude just go to sleep
Posted by SprintFun
Columbus, OH
Member since Dec 2007
45841 posts
Posted on 8/10/14 at 1:04 am to
quote:

Takle someone in public = crime (simple battery)
Takle someone intentionally on the field after a play = not a crime
Hit someone with you car in public = poss. Crime
Hit someone with you car on the track = ?



Can you show me how to takle people?
Posted by RummelTiger
Official TD Sauces Club Member
Member since Aug 2004
93627 posts
Posted on 8/10/14 at 1:04 am to
quote:

I'm reasonably certain you have no idea what any of that really means.



Yeah, but wouldn't that be the waiver for the track/promoter, and not another driver in the event?
Posted by jeff5891
Member since Aug 2011
15964 posts
Posted on 8/10/14 at 1:05 am to
quote:

You can google countless examples of them
that's for why they can't sue the organization that runs the sport. Come on
Posted by Zchlsu
Twin Peaks, Washington
Member since Jan 2011
7519 posts
Posted on 8/10/14 at 1:05 am to
quote:

Takle

quote:

Takle


Dude, wtf? Seriously?
Posted by Cap Crunch
Fire Alleva
Member since Dec 2010
54189 posts
Posted on 8/10/14 at 1:05 am to
Sounds more like he was trying to intimidate the kid but hit him. Condition of the kid is unknown at this point
Posted by Archie Bengal Bunker
Member since Jun 2008
15603 posts
Posted on 8/10/14 at 1:05 am to
quote:

Why is the track different if it was part of the race.



Scope of consent only goes so far. Hitting another car on the track is not the same as running a guy over on the track. See hockey charges that have been brought.
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