tony stewart returns to racing circuit

tony stewart returns to racing circuit

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Dr Answer

Utica, NY

#1 Aug 29, 2014
Any person who commits criminally negligent homicide is guilty of a crime.(2) that the defendant acted with criminal negligence.“Criminal negligence” means that a person acts with criminal negligence when the person ought to be aware of a substantial and unjustifiable risk that the alleged victim will be killed.

Criminally Negligent Homicide - TnCrimLaw

www.tncrimlaw.com/TPI_Crim/07_07.htm
Mr Poopy Drawers

Utica, NY

#2 Aug 29, 2014
It's about time. Get on with it. People die all the time.
Pro Gun

Utica, NY

#3 Aug 29, 2014
Dr Answer wrote:
Any person who commits criminally negligent homicide is guilty of a crime.(2) that the defendant acted with criminal negligence.“Criminal negligence” means that a person acts with criminal negligence when the person ought to be aware of a substantial and unjustifiable risk that the alleged victim will be killed.
Criminally Negligent Homicide - TnCrimLaw
www.tncrimlaw.com/TPI_Crim/07_07.htm
WOW!! So impressed you can look a Penal Law section up. Perhaps you should search McKinley's Case Laws for ACTUAL legal definition and court decisions pertaining to same.
" When the person ought to be aware of a substantial and unjustifiable risk that the alleged victim will be killed." This certainly covers a race car driver on a dimly lit track at night, with mud splattered windshield with a grate covering it for protection, and a huge wing impeding right side vision and helmet with visor secured to headrest preventing turning one's head more than 30 degrees, FAILING to be aware of a PEDESTRIAN dressed in black, wandering down the slippery banked track, jumping in front of him after dodging the cars in front of him. This while checking gauges and maintaining minimum speed preventing overheating, since Sprint cars have no clutch and have a locked rear end and steer by using accelerator with steering wheel, especially at slower than race speeds. Yep, every race driver expects a pedestrian on track with seconds to respond.


Bevis

Utica, NY

#4 Aug 29, 2014
Pro Gun wrote:
<quoted text>
WOW!! So impressed you can look a Penal Law section up. Perhaps you should search McKinley's Case Laws for ACTUAL legal definition and court decisions pertaining to same.
" When the person ought to be aware of a substantial and unjustifiable risk that the alleged victim will be killed." This certainly covers a race car driver on a dimly lit track at night, with mud splattered windshield with a grate covering it for protection, and a huge wing impeding right side vision and helmet with visor secured to headrest preventing turning one's head more than 30 degrees, FAILING to be aware of a PEDESTRIAN dressed in black, wandering down the slippery banked track, jumping in front of him after dodging the cars in front of him. This while checking gauges and maintaining minimum speed preventing overheating, since Sprint cars have no clutch and have a locked rear end and steer by using accelerator with steering wheel, especially at slower than race speeds. Yep, every race driver expects a pedestrian on track with seconds to respond.
You said penal.
buttmuncher

Herkimer, NY

#6 Aug 29, 2014
If ward stayed off the track, then he would still be alive today. Its that simple [ play with the bees you will get stung]
My Chime

Utica, NY

#7 Aug 29, 2014
just saying wrote:
<quoted text>
Guss he wasn't as good as the driver in front of him that had the same view who swerved, or who wasn't know for making threats or following up on them or attacking other drivers.
Bass pro shops are garbage.
If you're referring to the blue and white car #45, that driver told news medias that he only saw Ward at the last second, and fortunately was able to avoid him, and that Stewart did everything he could to avoid him with the short time he had to react. A driver behind Stewart, Cory Sparks, said the same thing, and he was a good friend of Ward.
just saying

Gouverneur, NY

#8 Aug 29, 2014
My Chime wrote:
<quoted text>
If you're referring to the blue and white car #45, that driver told news medias that he only saw Ward at the last second, and fortunately was able to avoid him, and that Stewart did everything he could to avoid him with the short time he had to react. A driver behind Stewart, Cory Sparks, said the same thing, and he was a good friend of Ward.
Hilarious, how did he turn his head to see behind him ?

Sparks was a few cars behind.

Don't worry, there's a new video that was found, not posted on the net, it will be after the investigation.

Maybe he did try to avoid him or he ran him over like people in the pit crew of other drivers because they didn't move out of his way.

He could have easily ran him over and say he didn't see him, cut an dry he would not be charged.

One of those perfect chances at revenge. Or like you people say he didn't want to hit him.

Only he knows what he was thinking.
sad but

New Paltz, NY

#9 Aug 29, 2014
The hot headed kid should've walked off the track vs. looking to pick a fight with a 3000 lb. car.
Randolph

Utica, NY

#11 Aug 29, 2014
Pro Gun wrote:
<quoted text>
WOW!! So impressed you can look a Penal Law section up. Perhaps you should search McKinley's Case Laws for ACTUAL legal definition and court decisions pertaining to same.
" When the person ought to be aware of a substantial and unjustifiable risk that the alleged victim will be killed." This certainly covers a race car driver on a dimly lit track at night, with mud splattered windshield with a grate covering it for protection, and a huge wing impeding right side vision and helmet with visor secured to headrest preventing turning one's head more than 30 degrees, FAILING to be aware of a PEDESTRIAN dressed in black, wandering down the slippery banked track, jumping in front of him after dodging the cars in front of him. This while checking gauges and maintaining minimum speed preventing overheating, since Sprint cars have no clutch and have a locked rear end and steer by using accelerator with steering wheel, especially at slower than race speeds. Yep, every race driver expects a pedestrian on track with seconds to respond.
To wit: Stewart was too high on the track for conditions and he knew it from experience.
Dr Answer

Utica, NY

#12 Aug 29, 2014
He's goin' down.
My Chime

Utica, NY

#13 Aug 29, 2014
just saying wrote:
<quoted text>Hilarious, how did he turn his head to see behind him ?
Sparks was a few cars behind.
Don't worry, there's a new video that was found, not posted on the net, it will be after the investigation.
Maybe he did try to avoid him or he ran him over like people in the pit crew of other drivers because they didn't move out of his way.
He could have easily ran him over and say he didn't see him, cut an dry he would not be charged.
One of those perfect chances at revenge. Or like you people say he didn't want to hit him.
Only he knows what he was thinking.
Why are you posting on this thread? You obviously don't know anything about auto racing, period. When in the pit, the driver accelerates out the instant the jack drops the car on the ground. Numerous pit crew members are struck by cars entering and leaving the pits every season. Stewart isn't the only driver to hit a pit crew member. You obviously don't follow racing through an entire season. What are you talking about revenge???? Stewart slid up the track and crowded Ward. If Ward had checked up nothing would have come of it. He didn't and spun out in the wall. Why would that be cause for revenge by Stewart? He started circling the track on caution, possibly not knowing it was for Ward. And even if he knew it was for Ward, why would he expect him to exit his car and act like he did. Four cars went by him AFTER he got out of his car before Stewart. The third one nearly struck him. Yep, sure was cause for revenge on Stewart's part. Revenge for what??
Dr Answer

Utica, NY

#14 Aug 30, 2014
My Chime wrote:
<quoted text>
Why are you posting on this thread? You obviously don't know anything about auto racing, period. When in the pit, the driver accelerates out the instant the jack drops the car on the ground. Numerous pit crew members are struck by cars entering and leaving the pits every season. Stewart isn't the only driver to hit a pit crew member. You obviously don't follow racing through an entire season. What are you talking about revenge???? Stewart slid up the track and crowded Ward. If Ward had checked up nothing would have come of it. He didn't and spun out in the wall. Why would that be cause for revenge by Stewart? He started circling the track on caution, possibly not knowing it was for Ward. And even if he knew it was for Ward, why would he expect him to exit his car and act like he did. Four cars went by him AFTER he got out of his car before Stewart. The third one nearly struck him. Yep, sure was cause for revenge on Stewart's part. Revenge for what??
Your posting may or may not be true in its entirety. It doesn't change the fact that Stewart
took actions which HE KNEW were risky and could have resulted in death or severe injury to
another person.
That is the definition of criminal negligence.
Prosecutor should be indicting shortly.
Sun bonnet Sue

Little Falls, NY

#16 Aug 30, 2014
sad but wrote:
The hot headed kid should've walked off the track vs. looking to pick a fight with a 3000 lb. car.
It is a shame that this accident happened to both parties. You don't walk out in front of a car going 100 mph . If you have a issue with a certain driver take it up after the track has been cleared. Calling Tony a hot head can be said of the other party as well. Name calling is not going to settle what happened. Dirt tracks become very slippery and stopping on a dime is impossible. I have seen this replayed several times on TV and from what I can see it was the rear end that hit Ward. I am not taking sides I feel bad for both parties.
absurdity

Utica, NY

#17 Aug 30, 2014
tony stewart should be banned from racing--PERIOD---he's a bully and always has been a bully/moron.......not for nothing he is far from easy on the eyes --UGLY BASTARD !!!! ha..punishments in sports don't make sense...nfl beats girlfriend --couple game suspension...nfl guy smokes weed..out for the year--like out of the nfl picture...absolutely absurd....yo...ho...what if peyton smokes weed---which he probably does....that's ok....it's legal in Denver.....not for nothing they should legalize weed in all states and stop being such pussy morons...

Since: May 14

Ilion

#18 Aug 30, 2014
absurdity wrote:
tony stewart should be banned from racing--PERIOD---he's a bully and always has been a bully/moron.......not for nothing he is far from easy on the eyes --UGLY BASTARD !!!! ha..punishments in sports don't make sense...nfl beats girlfriend --couple game suspension...nfl guy smokes weed..out for the year--like out of the nfl picture...absolutely absurd....yo...ho...what if peyton smokes weed---which he probably does....that's ok....it's legal in Denver.....not for nothing they should legalize weed in all states and stop being such pussy morons...
Dude, you got the right name for opinions
Dr Answer

Utica, NY

#19 Aug 30, 2014
Sun bonnet Sue wrote:
<quoted text>It is a shame that this accident happened to both parties. You don't walk out in front of a car going 100 mph . If you have a issue with a certain driver take it up after the track has been cleared. Calling Tony a hot head can be said of the other party as well. Name calling is not going to settle what happened. Dirt tracks become very slippery and stopping on a dime is impossible. I have seen this replayed several times on TV and from what I can see it was the rear end that hit Ward. I am not taking sides I feel bad for both parties.
Pay attention. Nobody walked in front of a car. Stewart continued to climb higher on the track resulting in Ward's death.

Since: May 14

Ilion

#20 Aug 30, 2014
Dr Answer wrote:
<quoted text>Pay attention. Nobody walked in front of a car. Stewart continued to climb higher on the track resulting in Ward's death.
Hey Doc, I have to call you on a couple points. First, in competitive racing you NEVER see a person on the track. All safety and support personnel are located in positions behind safety walls or overhead or something like that. Everyone is briefed about proper safety protocol and it's done well before you get inside a race car. Any driver in a racing position under caution or at speed would sh*t his pants if he saw someone on the track standing in front of him at speed. A split-second on a race track and it's all over. Tony never saw him until it was too late. Tragic as it was you can't prove intent or negligence with this. Secondly, while Ward was not walking in front of Stewart's car when the accident happened he clearly and dangerously and illegally (against the rules) walked out in front of traffic after he left his race car. His anger put him in that position and I'm sure he felt he was in a somewhat safe position on the track. At least he looked confident of that in the video. His mistake combined with catching Stewart by surprise was fatal and awful. I've seen a lot of racing fatalities some in person and it's the part of racing that keeps reminding us how risky it is and how quickly someone can perish.
Dr Answer

Utica, NY

#21 Aug 30, 2014
Gaggy wrote:
<quoted text>
Hey Doc, I have to call you on a couple points. First, in competitive racing you NEVER see a person on the track. All safety and support personnel are located in positions behind safety walls or overhead or something like that. Everyone is briefed about proper safety protocol and it's done well before you get inside a race car. Any driver in a racing position under caution or at speed would sh*t his pants if he saw someone on the track standing in front of him at speed. A split-second on a race track and it's all over. Tony never saw him until it was too late. Tragic as it was you can't prove intent or negligence with this. Secondly, while Ward was not walking in front of Stewart's car when the accident happened he clearly and dangerously and illegally (against the rules) walked out in front of traffic after he left his race car. His anger put him in that position and I'm sure he felt he was in a somewhat safe position on the track. At least he looked confident of that in the video. His mistake combined with catching Stewart by surprise was fatal and awful. I've seen a lot of racing fatalities some in person and it's the part of racing that keeps reminding us how risky it is and how quickly someone can perish.
We'll all know in very short order. The criminal negligence statute applies in this matter; without doubt. IMO Stewart's legal representation is currently in negotiations with prosecutors to determine some equitable form of justice. The facts are all very clear; only question remaining is how it will be carried out.
Sun bonnet Sue

Little Falls, NY

#22 Aug 31, 2014
Dr Answer wrote:
<quoted text>
Pay attention. Nobody walked in front of a car. Stewart continued to climb higher on the track resulting in Ward's death.
Really? I must have watched another replay than you saw.
Dr Answer

Utica, NY

#23 Aug 31, 2014
Sun bonnet Sue wrote:
<quoted text>Really? I must have watched another replay than you saw.
It really doesn't matter how you or I feel in this matter. The law will determine.
If you understand the statute governing criminal negligence you will see that it clearly applies in this instance; that will be what decides. Not what you saw.

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