tony stewart returns to racing circuit

Since: May 14

Ilion

#24 Aug 31, 2014
Dr Answer wrote:
<quoted text>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.
So, does that mean that all of the drivers who continued to race past Ward are also guilty of criminal negligence or some other crime? Why don't you look that up for us. While you're at it, see if the track is also responsible. Everyone but Ward
Dr Answer

Utica, NY

#25 Aug 31, 2014
Gaggy wrote:
<quoted text>
So, does that mean that all of the drivers who continued to race past Ward are also guilty of criminal negligence or some other crime? Why don't you look that up for us. While you're at it, see if the track is also responsible. Everyone but Ward
I'll attempt to assist you once more. Put your feelings aside and look at the facts.
First, read the definition of criminally negligent homicide. There is only one person who committed this act in Ward's death: Mr. Stewart.
All other actions made by drivers, track owners, etc. are mitigating circumstances. That is why the investigation continues; to sort through everything.
Hopefully, they will get it right when concluded.
Sun bonnet Sue

Little Falls, NY

#27 Aug 31, 2014
Dr Answer wrote:
<quoted text>
I'll attempt to assist you once more. Put your feelings aside and look at the facts.
First, read the definition of criminally negligent homicide. There is only one person who committed this act in Ward's death: Mr. Stewart.
All other actions made by drivers, track owners, etc. are mitigating circumstances. That is why the investigation continues; to sort through everything.
Hopefully, they will get it right when concluded.
Tony has not been charged with anything as of yet so why do you keep throwing criminally negligent homicide around. A person crossing the street and gets hit by a car the driver does not get charged for criminal negligent. It is called a accident.
Losers Care Why

Bronx, NY

#28 Aug 31, 2014
LOL! Dirt circle debates! This is a BIG HUGE DEAL with upstate hickbillies!
really now

Utica, NY

#29 Aug 31, 2014
mr. gaggy must be gaggin'-----result lack of oxygen to his brain
really now

Utica, NY

#30 Aug 31, 2014
some things need to repeated......
Dr Answer

Utica, NY

#31 Aug 31, 2014
Sun bonnet Sue wrote:
<quoted text>Tony has not been charged with anything as of yet so why do you keep throwing criminally negligent homicide around. A person crossing the street and gets hit by a car the driver does not get charged for criminal negligent. It is called a accident.
Please, people. Read the definition of criminal negligence and then apply a cognitive effort of third grade understanding to the circumstance. You shouldn't have to be Sherlock Holmes to figure this out. Tony has not yet been charged because the investigation has not concluded.
Why Are You So Stubborn

Utica, NY

#32 Sep 1, 2014
Dr Answer wrote:
<quoted text>
Please, people. Read the definition of criminal negligence and then apply a cognitive effort of third grade understanding to the circumstance. You shouldn't have to be Sherlock Holmes to figure this out. Tony has not yet been charged because the investigation has not concluded.
You keep insisting that your charge is Gospel. It isn't. That ONLY applies to a person that is expected under normalcy to prevent or avoid an occurrence. PEDESTRIANS on a race track ARE NOT NORMAL!!!!! What don't you understand about that????!!!! You are prejudiced by your own statement that you hope they get it right. You apparently know nothing about our judicial system here in New York. Have you ever heard of Case Law??? That is when a court rules on a application of a law regarding a case. That is what counts, not YOUR definition. Do yourself a favor and read McKinley's Laws. They are a compilation of court decisions pertaining to the application of laws and the ruling of same by the courts. They are what matters to a court/judge. NOT your definition. AND, I won't insult you with childish 3rd grade and Sherlock Holmes remarks. Boy, did you degrade your opinion with those. Not only do I have many years of court experience, but I also happen to be quite experienced with over 40 years of all phases of Sprint car racing if you wish an education on that subject. A quick clue, NASCAR has nothing to do with that aspect of racing. Bet you don't know that Mr. expert Dr.!!!! Stewart is not guilty of anything, and yes, we all hope they get it right.
Losers Care Why

United States

#33 Sep 1, 2014
And the big big dirt circle debate about nothing RAGES on!
Dr Answer

Utica, NY

#34 Sep 2, 2014
Why Are You So Stubborn wrote:
<quoted text>
You keep insisting that your charge is Gospel. It isn't. That ONLY applies to a person that is expected under normalcy to prevent or avoid an occurrence. PEDESTRIANS on a race track ARE NOT NORMAL!!!!! What don't you understand about that????!!!! You are prejudiced by your own statement that you hope they get it right. You apparently know nothing about our judicial system here in New York. Have you ever heard of Case Law??? That is when a court rules on a application of a law regarding a case. That is what counts, not YOUR definition. Do yourself a favor and read McKinley's Laws. They are a compilation of court decisions pertaining to the application of laws and the ruling of same by the courts. They are what matters to a court/judge. NOT your definition. AND, I won't insult you with childish 3rd grade and Sherlock Holmes remarks. Boy, did you degrade your opinion with those. Not only do I have many years of court experience, but I also happen to be quite experienced with over 40 years of all phases of Sprint car racing if you wish an education on that subject. A quick clue, NASCAR has nothing to do with that aspect of racing. Bet you don't know that Mr. expert Dr.!!!! Stewart is not guilty of anything, and yes, we all hope they get it right.
It is not MY definition. It is the definition of the law, Mr. Experience.
told you so riggie

Newington, CT

#35 Sep 2, 2014
buttmuncher wrote:
If ward stayed off the track, then he would still be alive today. Its that simple [ play with the bees you will get stung]
Don't worry Stewart is finished anyways. When he gets onthe trback his mind is always going to be distracted by his homicidal actions. He is finished much like what happened to tiger wood after his actions.Steward may have beat the rap but not the pressure and I feel he should retire an write a book.Watch how he unwinds. He is an idiot to come back so soon and it makes me think he is a phony about how sorry he is.All a big act with corporate sponsors ready to pack up and slowly leave.He is finishedemotionally and Wards spirit will haunt him forever.Bab karma. You will see it unfold you gearheads.
Peo Gun

Utica, NY

#37 Sep 2, 2014
told you so riggie wrote:
<quoted text>
Don't worry Stewart is finished anyways. When he gets onthe trback his mind is always going to be distracted by his homicidal actions. He is finished much like what happened to tiger wood after his actions.Steward may have beat the rap but not the pressure and I feel he should retire an write a book.Watch how he unwinds. He is an idiot to come back so soon and it makes me think he is a phony about how sorry he is.All a big act with corporate sponsors ready to pack up and slowly leave.He is finishedemotionally and Wards spirit will haunt him forever.Bab karma. You will see it unfold you gearheads.
Didn't appear to be the case this past Saturday night when he returned. He moved up seven slots in two laps and was aggressive and doing fine until Bush slid up and forced him in the wall. CAR NEVER RECOVERED AFTER FOUR REPAIR STOPS IN THE PIT. ALLIGNMENT PROBLEM CAUSED RIGHT FRONT TO BLOW PUTTING HIM IN THE WALL A SECOND TIME WHICH FINISHED HIS CAR. THIS ALL TOOK PLACE FOUR DAYS AGO AND YOU DON'T KNOW ABOUT IT OR DON'T UNDERSTAND WHAT HAPPENED. IN ANY CASE, YOU OBVIOUSLY DON'T KNOW WHAT YOU'RE TALKING ABOUT. HOW SAD THAT YOU TAKE THE TROUBLE TO WASTE YOUR TIME !!! I apologize for the caps, hit that key by accident and didn't realize it until proof reading it. Too much to re-type. Correcting the beginning letters of each sentence was easier.
Why Are You So Stubborn

Utica, NY

#38 Sep 2, 2014
Dr Answer wrote:
<quoted text>
It is not MY definition. It is the definition of the law, Mr. Experience.
Definition of the Law??? By whom if not by you? Where do we find this definition?
Why Are You So Stubborn

Utica, NY

#39 Sep 2, 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
Why are you submitting a law definition from the state of Tennessee? I thought this accident occurred in New York State. Ha! If you check New York State Case Law pertaining to your insisted charge, you will find that it and the others do not apply to this case. Sorry, but you will have to go on hating Tony Stewart with no satisfaction otherwise. And for the record, I am not a fan of his but I do feel that what's right is right, regardless of who it is.

Just one example which all defense attorneys can use for a dismissal argument against a law standard, and many more cases available which can also be applied: Case law dictates what can be and cannot be prosecuted:
The New York State Court of Appeals ruled in a fatal accident case that the driver's decision to make a U-turn on a ramp with a limo driving the wrong way when a motorcyclist crashed into it and was killed,"does not rise to the level of 'morally blameworthy' conduct required to establish that the defendant committed the crime of criminally negligent homicide."

That standard, "moral blameworthiness," also applies to manslaughter or aggravated manslaughter charges in fatal crashes.

It means that prosecutors must prove a motorist knew he or she was driving recklessly or immorally to win a conviction
Dr Answer

Utica, NY

#40 Sep 3, 2014
Why Are You So Stubborn wrote:
<quoted text>
Why are you submitting a law definition from the state of Tennessee? I thought this accident occurred in New York State. Ha! If you check New York State Case Law pertaining to your insisted charge, you will find that it and the others do not apply to this case. Sorry, but you will have to go on hating Tony Stewart with no satisfaction otherwise. And for the record, I am not a fan of his but I do feel that what's right is right, regardless of who it is.
Just one example which all defense attorneys can use for a dismissal argument against a law standard, and many more cases available which can also be applied: Case law dictates what can be and cannot be prosecuted:
The New York State Court of Appeals ruled in a fatal accident case that the driver's decision to make a U-turn on a ramp with a limo driving the wrong way when a motorcyclist crashed into it and was killed,"does not rise to the level of 'morally blameworthy' conduct required to establish that the defendant committed the crime of criminally negligent homicide."
That standard, "moral blameworthiness," also applies to manslaughter or aggravated manslaughter charges in fatal crashes.
It means that prosecutors must prove a motorist knew he or she was driving recklessly or immorally to win a conviction
Investigation in the death of Ward is ongoing. If it is all cut and dried as you say, why have they not closed this case.
Prosecutors will decide and bring their charges; then you can present your "case law". Until then it is just spec.
For The Record

Utica, NY

#41 Sep 3, 2014
Dr Answer wrote:
<quoted text>
Investigation in the death of Ward is ongoing. If it is all cut and dried as you say, why have they not closed this case.
Prosecutors will decide and bring their charges; then you can present your "case law". Until then it is just spec.
The actual investigation concerning the facts has been completed for some time now. The delay is waiting for the results of the forensics tests. In New York State, fatal accidents require blood be drawn and tested for alcohol and drugs. Should Stewart test positive for either, then Criminal charges may apply depending on the results.
Dr Answer

Utica, NY

#43 Sep 4, 2014
For The Record wrote:
<quoted text>
The actual investigation concerning the facts has been completed for some time now. The delay is waiting for the results of the forensics tests. In New York State, fatal accidents require blood be drawn and tested for alcohol and drugs. Should Stewart test positive for either, then Criminal charges may apply depending on the results.
Charges may also apply based upon Stewart's driving experience which made known to him that his actions were negligent. Not what he may have been thinking at the time; rather what he was doing at the time.
too bad

Utica, NY

#44 Sep 4, 2014
Dr Answer wrote:
<quoted text>
Charges may also apply based upon Stewart's driving experience which made known to him that his actions were negligent. Not what he may have been thinking at the time; rather what he was doing at the time.
that did that was trying to spit dirt at that kid and everyone went around him as speeds were slowed down due to the crash.Steward was acting in a reckless manner.The stupid kid shouldn't have been on the track but he didn't deserve to die. If you were walking in the road and I saw you and I tried to scare you or harass you by swiping you with my mirror and I knocked your head and killed you I would be sitting in a cell crying about it but because this bum has some big money resting on him being to race they will go easy on him.
Losers Care Why

Hong Kong, Hong Kong

#45 Sep 4, 2014
He has intentionally hit people in the pits, intentionally attacked people and made threats all upset because he was late for his period.

Are there any young gay males here, if you're young, gay and don't mind a rash, I want to spend time with YOU.
Based On What

Utica, NY

#46 Sep 4, 2014
too bad wrote:
<quoted text>that did that was trying to spit dirt at that kid and everyone went around him as speeds were slowed down due to the crash.Steward was acting in a reckless manner.The stupid kid shouldn't have been on the track but he didn't deserve to die. If you were walking in the road and I saw you and I tried to scare you or harass you by swiping you with my mirror and I knocked your head and killed you I would be sitting in a cell crying about it but because this bum has some big money resting on him being to race they will go easy on him.
What reckless manner? Please explain what you base that statement on. Who said he was trying to scare the idiot? Tell us what experience you have with sprint cars and tell us how they work and what is their basics. You don't have a clue do you? So unless you do STFU!

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