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

Posted on 8/10/14 at 10:52 am
Posted by RedRifle
Austin/NO
Member since Dec 2013
8328 posts
Posted on 8/10/14 at 10:52 am
How does he get out of this? It looks like vehicular manslaughter to me.
Posted by Ice Cream Sammich
Baton Rouge
Member since Apr 2010
10111 posts
Posted on 8/10/14 at 10:54 am to
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?
Posted by Speck
Dirty South
Member since Aug 2014
349 posts
Posted on 8/10/14 at 10:55 am to
Not a lawyer, but it would seem hard to prove that it was intentional imo
Posted by LEASTBAY
Member since Aug 2007
14288 posts
Posted on 8/10/14 at 10:56 am to
im sure they have some sort of rules about walking around the track when cars are driving around it, I say no chance of him being charged with anything
Posted by LSUAlum2001
Stavro Mueller Beta
Member since Aug 2003
47131 posts
Posted on 8/10/14 at 10:56 am to
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.

Posted by Camp Randall
The Shadow of the Valley of Death
Member since Nov 2005
15591 posts
Posted on 8/10/14 at 10:59 am to
I think Stewart was road raging and fricked up but no way it can be proven.
Posted by goldenbadger08
Sorting Out MSB BS Since 2011
Member since Oct 2011
37900 posts
Posted on 8/10/14 at 10:59 am to
quote:

It looks like vehicular manslaughter to me.
lolwtf
Posted by WDE24
Member since Oct 2010
54133 posts
Posted on 8/10/14 at 11:00 am to
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.
This post was edited on 8/10/14 at 11:03 am
Posted by junkfunky
Member since Jan 2011
33893 posts
Posted on 8/10/14 at 11:02 am to
They both acted like idiots and from the video it looks like both were responsible for what happened. I find it hard to believe that Tony tried very hard to get out of the way and it even looked like he hit the accelerator earlier than needed just so he could send the back out to "bump" the guy.
Posted by jorconalx
alexandria
Member since Aug 2011
8607 posts
Posted on 8/10/14 at 11:04 am to
quote:

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


Not a lawyer, but no he's not going to jail.
Posted by UFownstSECsince1950
Member since Dec 2009
32603 posts
Posted on 8/10/14 at 11:06 am to
He should go to prison for vehicular manslaughter at the very least, but he will not. What TS did was wrong and he has to live with that burden forever.
Posted by Seymour
Gulf Coast
Member since Sep 2013
1631 posts
Posted on 8/10/14 at 11:06 am to
quote:

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


Inapplicable to a criminal case, but I don't think you can prove criminal negligence here
Posted by junkfunky
Member since Jan 2011
33893 posts
Posted on 8/10/14 at 11:07 am to
Yeah, I don't think he he'll be convicted of anything but I think he will lose the civil suit that's sure to follow.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422466 posts
Posted on 8/10/14 at 11:09 am to
quote:

He should go to prison for vehicular manslaughter at the very least,

wut?

a guy dressed in black (at night) who walks into his driving path, and it's "vehicular manslaughter"?

hell the guy who died almost got hit by 2 other cars (one of which was a lot higher than TS)
This post was edited on 8/10/14 at 11:10 am
Posted by Capt ST
Hotel California
Member since Aug 2011
12820 posts
Posted on 8/10/14 at 11:10 am to
I agree, looks like he hit the gas after he passed him just to taunt him a little and ended up killing the kid. But I would have to think any lawyer would the NASCAR defense. Kid came down from embankment on drivers right while he was making a left turn.
Posted by WDE24
Member since Oct 2010
54133 posts
Posted on 8/10/14 at 11:10 am to
quote:

Inapplicable to a criminal case
As affirmative defenses, but not as it relates to causation (I think). Maybe wrong about that.
This post was edited on 8/10/14 at 11:12 am
Posted by gaetti15
AK
Member since Apr 2013
13365 posts
Posted on 8/10/14 at 11:10 am to
quote:

a guy dressed in black (at night) who walks into his driving path, and it's "vehicular manslaughter"?

hell the guy who died almost got hit by 2 other cars (one of which was a lot higher than TS)


this...

you other people are fricking idiots...
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
26995 posts
Posted on 8/10/14 at 11:10 am to
quote:

even looked like he hit the accelerator earlier than needed just so he could send the back out to "bump" the guy.



Thats what I thought too? He does accelerate! But to hit the guy or not can never be proven.

Is it common for nascar guys to drive in these races? They wreck all the fricking time. So you would think they get injured. And skill sets don't seem to translate? To my admittedly NASCAR ignorant self.
Posted by LateArrivalforLSU
Ascension Parish
Member since Sep 2012
3512 posts
Posted on 8/10/14 at 11:12 am to
Stewart hit the accelerator, and swerved into the guy. With that said, lawyers will lie and state Stewart accidentally hit the guy. Stewart will pay the family millions to make it all go away, but that's all that will happen to Stewart.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22154 posts
Posted on 8/10/14 at 11:13 am to
quote:

Stewart hit the accelerator, and swerved into the guy. With that said, lawyers will lie and state Stewart accidentally hit the guy. Stewart will pay the family millions to make it all go away, but that's all that will happen to Stewart.


You cannot tell that from the video.
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