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

Posted on 8/10/14 at 10:30 am to
Posted by Macintosh
Lane State University
Member since Sep 2011
56582 posts
Posted on 8/10/14 at 10:30 am to
quote:

Patrick_Bateman

I wasnt talking directly about you, your comment was just the one I used to reply on. dont get your panties waded up
This post was edited on 8/10/14 at 10:31 am
Posted by Hubbhogg
Our AD Sucks
Member since Dec 2010
13560 posts
Posted on 8/10/14 at 10:30 am to
quote:

So lets say a spectator accidently strolls on the track drunk during a caution, do you think TS gets that close to him? Do you?



So it's TS fault for not avoiding a guy walking down the track towards him?

Bottom line is that the guy shouldn't have been out there. No way he gets in trouble for this IMO
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/10/14 at 10:31 am to
quote:

If the state can prove Tony was trying to scare him
Unless he admits to it, the state will never know this.
quote:

Manslaughter exists for negligence killings.
Ours laws must differ. We differentiate between manslaughter and negligent homicide.
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33963 posts
Posted on 8/10/14 at 10:31 am to
quote:

But if Billy bob says I'm going to buzz this idiots tower, and billy bob kills him, ol Billy bob is in trouble


This is nothing but pure speculation and nothing that would ever hold up in court.

Nothing will happen to Stewart because this will come down to "you walk onto a live track, bad things can happen" and that's as far as it'll go.
Posted by BRgetthenet
Member since Oct 2011
118252 posts
Posted on 8/10/14 at 10:31 am to
So, in summation, they played chicken and Stewart mowed him down.

That's what this all is getting at.
Posted by monsterballads
Gulf of America
Member since Jun 2013
31515 posts
Posted on 8/10/14 at 10:31 am to
He really shouldn't have been in the middle of the track, but still. That was pretty blatant by Stewart. you can CLEARLY hear Stewart nail the gas. When that happens, it fishtails a bit and sucks ward under the tires.
Posted by jeff5891
Member since Aug 2011
15964 posts
Posted on 8/10/14 at 10:31 am to
quote:


Even if this is the case, I don't see how TS could ever get charged for hitting a guy who is in the middle of the track
if they can prove he accelerated, they might be able to say he was negligent. This was not a situation where accelerating helps you avoid hitting something. Lol at people saying that
This post was edited on 8/10/14 at 10:32 am
Posted by Zamoro10
Member since Jul 2008
14743 posts
Posted on 8/10/14 at 10:32 am to
"I know Tony could see him. I know how you can see out of these cars. When Tony got close to him, he hit the throttle. When you hit a throttle on a sprint car, the car sets sideways. It set sideways, the right rear tire hit Kevin, Kevin was sucked underneath and was stuck under it for a second or two and then it threw him about 50 yards."

“He approached him and evidently when he was driving by the guy standing on the track gesturing at him, he gunned his engine.

"You never mean to do something like that," Graves said. "Kevin was pissed and he let Tony know. And Tony was trying to give the message back that he wasn't happy either. He went over the line with it."

That about sums it up.
Posted by Patrick_Bateman
Member since Jan 2012
17823 posts
Posted on 8/10/14 at 10:32 am to
quote:

It doesn't matter that the guy was in the track.
The frick? Him getting out of his car, onto the track, is what initiated this entire event.
quote:

If they prove TS was trying to intimidate and throw dirt, he will be in criminally trouble. They have to prove that though
Which they cannot do.
Posted by Macintosh
Lane State University
Member since Sep 2011
56582 posts
Posted on 8/10/14 at 10:32 am to
Those sprint cars under caution usually go around 30 mph give or take.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/10/14 at 10:32 am to
Lot of good stuff in there.
Posted by VernonPLSUfan
Leesville, La.
Member since Sep 2007
17816 posts
Posted on 8/10/14 at 10:32 am to
Yep Liti, Ward brought a knife to a gun fight.
Posted by Macintosh
Lane State University
Member since Sep 2011
56582 posts
Posted on 8/10/14 at 10:33 am to
quote:

So, in summation, they played chicken and Stewart mowed him down.

prettymuch
Posted by Patrick_Bateman
Member since Jan 2012
17823 posts
Posted on 8/10/14 at 10:33 am to
quote:

I wasnt talking directly about you, your comment was just the one I used to reply on. dont get your panties waded up
My mistake.
Posted by jimithing11
Dillon, Texas
Member since Mar 2011
22532 posts
Posted on 8/10/14 at 10:33 am to
Nope

Stewart initiated it when he forced the crash

The young man got out as a result.

Stewart finished it by killing him
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/10/14 at 10:33 am to
I don't know how you get here
quote:

he's not being charged
after reading this
quote:

"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."
Posted by Macintosh
Lane State University
Member since Sep 2011
56582 posts
Posted on 8/10/14 at 10:34 am to
quote:

if they can prove he accelerated, they might be able to say he was negligent. This was not a situation where accelerating helps you avoid hitting something. Lol at people saying that

Well he did have a gopro hooked up. Its probably already beeen destroyed hours ago tho.
Posted by monsterballads
Gulf of America
Member since Jun 2013
31515 posts
Posted on 8/10/14 at 10:34 am to
ward brought piss to a shite fight and lost

stewart thought ward would get out of the way.... he didn't
Posted by Hubbhogg
Our AD Sucks
Member since Dec 2010
13560 posts
Posted on 8/10/14 at 10:35 am to
quote:

Stewart finished it by killing him


Gimme a break
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
88204 posts
Posted on 8/10/14 at 10:36 am to
quote:

Just some general observations about all of this.

The fact that this occurred at a race track during a racing event goes in Stewart's favor. Racing is dangerous and everyone at the track is at risk of injury or death including drivers, pit crew, track workers, and spectators. All of these have been seriously injured or killed when making contact with other cars or parts of them at the track. It is a much different situation than when an incident such as this occurs outside of legal racing. Having said that, this does not give a driver license to purposely run over someone and IF the evidence established this it would be murder. People are frequently prosecuted for various degrees of homicide for deaths occurring during racing but these are unlawful road racing events and not a lawful and sanctioned sports car race.

I've done very little research on the issue but I couldn't find any reported cases where someone was prosecuted under circumstances such as this. I have certainly heard of cases where one driver got angry at another driver and intentionally rammed them. I have heard of this resulting in the other driver's death but it so happens that in most of the publicized cases (usually in NASCAR) the other driver isn't seriously injured or injured at all.

The fact that the other driver got out of his car and approached Stewart to confront him about the wreck goes in Stewart's favor. This happens frequently in racing but is always a bad idea and involves the exercise of poor judgment. Several years ago I vividly remember Ned Jarrett doing a broadcast and commenting on how stupid it was that his son Dale had gotten out of his car throwing his racing helmet at another car for an on track incident (the helmet actually bounced off the passing car). Fortunately, bad things usually don't happen when this occurs but any human out on a race track with cars whizzing by creates a dangerous situation and is one in which the other drivers don't normally expect. Having said all this, again this would not give the other driver license to purposely run over the person.

Stewart's history of temper tantrums and anger goes against him for sure and it goes into the mix as well. Standing alone of course it establishes no culpability on his part with respect to this incident.

Lots of different scenarios are out there--Stewart saw the guy and intentionally ran him over, Stewart saw the guy and gunned the car trying to avoid him, Stewart saw the guy and tried to scare him but didn't intend to make contact with him, or Stewart didn't see the guy at all. It becomes tough to make any case against Stewart if you end up with no concrete proof that he intentionally ran the guy over. You can still have a crime based on recklessness or negligence but I think that would hard to make. In Formula One it isn't that uncommon to see team owners and such charged with crimes when a driver ends up getting killed but you just don't see that much if at all in the US.

The GoPro video could prove significant if it shows anything as it could give the perspective from Stewart's POV. Stewart's statements could prove significant depending on what he said. Intent is seldom capable of proof by direct evidence so it must usually be inferred from the circumstances. His statements would at least be proof of his state of mind. They could be self serving of course but you have to put them in the mix with all else. Interviews with other drivers could be important. What did the people behind Stewart see? I don't think it has been mentioned but obviously Stewart's car would need to be inspected. Is there anything about it following the contact between the cars or anything that could have happened to it during the race that could have contributed to the incident in any way?

It will be a drawn out process and it is way too early to draw definitive conclusions about anything. Most likely I would expect a civil suit to be filed and probably settled but at this point I have my doubts as to criminal charges being filed against Stewart.


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