Allegedly, Tony Stewart has

[ronpolk]

I'm struggling to see how he gunned the engine. The video barely pans back over before Stewart hits him. Is this gunning the engine just based on a comment of a spectator that was there? If so, seems like that is pretty hard to use as evidence.

I don't think anything more will come off this. Ward made a grave mistake by getting out and getting that close. I understand it's "tradition" but it's obviously a very stupid and dangerous tradition. With all that said, I do agree that Stewart didn't appear to make the same effort to avoid ward as the car before him did. But that could be due to numerous reasons.

 

[BoomBoom.sixpack]

Stewart bought himself a shitfest. A DA running for reelection is going to light his *** up on a manslaughter charge. Stewart will say he never saw the guy, but the "gunning the engine" thing is problematic. Whether he ends up with a criminal conviction or not, he's bought himself a major shitfest.

a minor shitfest, IMO. the "gunning the engine" thing will be impossible to prove, and probably would never even get into court unless there's a direct witness that will testify to it, and i don't think there's anyone close enough (besides Stewart and Ward) to credibly say so. and even then, on a race track full of gunning engines, how do you know it was his? and even then, Stewart can say he was surprised to see someone on the track and hit the gas instead of the brakes by mistake. he would have only had a second to react, right? Stewart will have to hire a lawyer, but that will be the end of it. if he had time to line the guy up and you could make a decent case that he intentionally tried to buzz him and ended up hitting him, then yeah, but i don't see that here.

 

[Shamoan]

Look at the speed of the two cars...the white and blue one appeared to hit the breaks and passed at a much slower speed, but still coming out of the same corner. Tonys car is a different story. They had similar reaction times to the guy in the middle of the raceway, but that said, the guy wasn't advancing as aggressively towards the blue car which would cut down on reaction time. In the end, I think tony made a split second decision to be a badass that cost someone their life. Two really bad decisions in the heat of the moment and somebody is now dead.

 

[MStateFan22]

Am I the only one that doesn't see a fishtail into the guy in the video. It looks to me like he gunned it and swerved at him.

 

[bonedaddy401]

My first reaction after watching the video was that he swerved into the guy. He is one of the most elite people on the planet at driving and he runs a guy over like this? Stewart is a hot head and it looks like his delusion cost a life and his legacy. Lock him up.

 

[ronpolk]

Look at the speed of the two cars...the white and blue one appeared to hit the breaks and passed at a much slower speed, but still coming out of the same corner. Tonys car is a different story. They had similar reaction times to the guy in the middle of the raceway, but that said, the guy wasn't advancing as aggressively towards the blue car which would cut down on reaction time. In the end, I think tony made a split second decision to be a badass that cost someone their life. Two really bad decisions in the heat of the moment and somebody is now dead.

I can agree with this... I think tony probably figured ward was just going to stand his ground and flip him off. So, tony, being a badass, was gonna scare him not expecting the guy to charge at his car. Either way a very dumb and avoidable accident.

 

[Spotdawg]

Stewart may have bought himself a civil action, but there are some details...

[SUB][/SUB]

Intentionally ran over another driver (who was out of his car). Be interesting to see how this shakes out.

and hope the guy is ok

There are some details that might help explain some of the accident.

1) Kevin Ward really made a poor decision to walk into traffic that was in the process of slowing down to yellow flag speed. Getting out of the car (mad or not) was not safe or smart.

2) The small-time dirt track (like most around here) is very poorly lit.

3) Ever seen the amount of tear-offs on a dirt track helment? Quite a layer of thick plastic strips mounted on top of the visor. Or perhaps there was mud on the tearoff and obscuring vision for Stewart.

4) If they were driving true sprint cars (which seems to be a preference for Stewart), they aren't like most racing vehicles. Sprints run on alcohol vs gasoline and produce a hell of a lot of horsepower. Sprint cars do not have a multiple gears, clutches or a transmission as we know them--they use a direct lockup gear or dog gear. You are either coasting or you are full into power by hitting the pedal. Not much in between--they come to full speed rather quickly.

All that to add more layers of thought to what happened last night. Sad story but I don't think we have fully heard what happened. I'm not a Stewart fan but I'm not about to try and guess what was on his mind or if he even saw Ward. There was a lot going on...

 

[QuaoarsKing]

So will NASCAR and other racing bodies change the rules to ban drivers from stepping out onto the track while the race is going on? Regardless of "tradition," it seems like a no-brainer rule to me.

 

[aTotal360]

You can't keep them from leaving their car. What if its on fire or they smell gas? They will simply have to ban "actin' an ***" when you do get out of your car.

 

[MagnoliaHunter]

As someon who has driven race cars similar to the one Stewar was in

They were only going 25-30 mph according to the other drivers when the accident happened under caution. The kid almost got run over by the other car and it looked like he tried to step in and take a swing at Stewart, then Stewart may have gassed the engine to get away as a reflex action. This would have made the rear of the car jump to the right. Also those cars will rev up when they bounce and the tires come of the ground, which they would have done when going over the kid.

At every driver's meeting that i have been to in 30 years of racing karts and various cars, they stress that if you are not in danger NEVER get out of your car.

 

[DerHntr]

My first reaction after watching the video was that he swerved into the guy. He is one of the most elite people on the planet at driving and he runs a guy over like this? Stewart is a hot head and it looks like his delusion cost a life and his legacy. Lock him up.

How often do any of these elite racers have a pedestrian charging them while in a turn on a slick course?

 

[GTAdawg]

This is an elitely terrible post. As bad as my use of 'elitely'.

 

[AHSDawg]

Biggest problem for Tony Stewart in this is he doesn't have an excuse

heard this on sports radio this morning. He cannot say "I didn't know there was a wreck ahead" or anything like that. he was involved in the original wreck. He should have known more than anyone that there was a wreck and he should have been slowing down.

This won't cause him to be convicted in criminal court but he will pay handsomely in civil court. He was trying to be a cute little prick and he killed someone over it. Now, the other guy was trying to be a cute little prick himself and he died for it. Both were ******** in the situation. One died for it and one killed someone for it.

Yet another reason I hate racing...

 

[FlotownDawg]

Tony Stewart is a well known hot headed *******

He has brought a lot of this scrutiny and criticism on himself for his years of acting like a jackass, wrecking people on purpose, throwing his helmet at drivers, etc. If Matt Kenseth or Jeff Gordon was in the exact same situation and killed someone in the same way, they would likely be getting no blame. People would automatically assume it was a tragic accident. However, people give Stewart no pass because of his history as a jackass. He brought it on himself.

 

[GTAdawg]

This would be the assumption of 99% of the pundits that don't follow the sport closely or only see the highlights generated on SportsCenter.

The people that follow the sport intently or have been around the NASCAR/racing community would tell you Tony Stewart is one of the most genuine and kind people in the garage area. And most revered by his racing peers. Sure he has had his scuffles with others on the track, but that's where it stops..on the track. The things that he has done for communities, his employees, and charities are endless. It's unfortunate that public opinion will probably tear this guy apart, but that same population of the public knows nothing about Stewart outside of a disagreement on the track they see on SC.

 

[patdog]

Unfortunately for Stewart, the issue isn't what kind of person he is off the track. He could be the greatest saint in the whole world off the track. But the issue is, was he negligent ON the track Saturday night. His history suggests that he may have been. Here's a pretty good analysis of the legal issues

Link

 

[KurtRambis4]

One thing

I don't see people mentioning is that the danger this kid put Tony in by running at his car. He could have caused a bad situation to be much worse.

 

[GTAdawg]

And that is a completely legitimate point

However, it's unfortunate to see others imply that he has intentionally sought out this kid and wanted him severely hurt or even killed without the benefit of gathering facts. But that's what an investigation is for.

Personally I think casting any intention or blame on anyone is a disrespect to Ward and his family. Simply put, we don't know the facts. And we may never, but hopefully we will at some point.

 

[patdog]

I don't think anyone could seriously think that Stewart meant to hurt that kid, much less kill him. Personally, I think Stewart probably tried to show the kid up for being an ******* and it got out of control and the kid wound up dead. But you're right, we may never really know.

 

[MagnoliaHunter]

Here is a video that shows that Tony did nothing wrong

Its a slow motion version of the same video. You can clearly see that Tony's rear tires are locked up.

https://www.youtube.com/watch?v=1XvhrPu64Co

 

[FlotownDawg]

No way Tony intentionally hit the guy. He's not an insane psychopath

I don't think anyone could seriously think that Stewart meant to hurt that kid, much less kill him. Personally, I think Stewart probably tried to show the kid up for being an ******* and it got out of control and the kid wound up dead. But you're right, we may never really know.

However, I do think that he was trying to scare the guy or spray him with dirt by gunning his engine and fishtailing as he drove past him and didn't realize the kid was so close to his car. These guys play with these cars like they're toys, running into each other on pit road, spinning each other out, jumping out of their cars to run into traffic and flip the bird or throw their helmet at the guy who spun them. It's like they don't realize or care these cars are deadly objects and when they do all that stupid ****, it puts lives in danger. Maybe something like this tragedy will make some of them see that these cars aren't matchbox toys. They will kill people if you're not careful.

 

[o_1984Dawg]

Honestly I can't tell in that blurry video that is tires are locked, but I haven't been convinced that the engine heard in the crash video couldn't be the blue car in front of Stewart accelerating after slowing down. I'd be surprised if criminal charges are brought, shocked if he was convicted, and even fairly surprised if he lost a civil suit based on the one video that's out.

NASCAR should immediately start dropping the hammer on anyone attempting to confront an opponent on the track. They may do something already, but there should be minimum 1-year suspensions after this.

 

[Lawdawg.sixpack]

I'd be HIGHLY surprised if he doesn't settle the civil suit confidentially and quickly.

 

[Philly Dawg]

Both would have some fault in the accident.

 

[o_1984Dawg]

probably right, but I still doubt he would lose if he didn't. Not based on that video. Not a lawyer either though.

 

[Lawdawg.sixpack]

The main difference is burden of proof - criminal trials are "beyond a reasonable doubt", whereas civil trials are "preponderance of the evidence", which basically means "more likely than not".

Upon a quick google, it looks like New York is a pure comparative negligence state. That means that in a situation like this, where the plaintiff was negligent also, the trial determines how negligent each party is, and awards compensation based on that percentage. Thus, even if the plaintiff here was 90% at fault for getting out of the vehicle and wandering into traffic, Stewart could be 10% at fault for failing to slow down for the caution, etc. And in a wrongful death action for a 20 year old, 10% of the total damages could still be a large number. I have no idea what New York's applicable damages limits are, if any.

Obviously there is more evidence than the video. But I wouldn't say that I would "doubt Stewart would lose" a civil action. I could definitely see a jury finding that Stewart "probably" was negligent, and that his negligence at least partially caused the accident. Either way, it'll never get to trial, and the number will never be released, I'm sure.

 

[Big Sheep81]

Several things here: 1) If you've watched racing for more than 2 years you've seen a driver do this a number of times, Stewart has done it as has Gordon, Kenseth, Craven, the Burton's, and on and on. It's never been a smart thing to do because you put yourself in a position that you cannot move quickly from even if a car is only doing 30 MPH or so.
2) Most drivers slow down some but then they aren't going to stop and get the crap beat out of them through the car window. They all keep moving until somebody drags the fool back from moving cars.
3) Those type race cars are not meant to grip like stock cars or indy type cars. They run on dirt tracks where grip is more of a gripping slide. Most of them run sideways except for the short front and back stretches. Thats why the rear tires are wider than the front tires and right side wider than left side.
4) Even if Stewart "gunned" his engine it doesn't translate to being a smartass and trying to scare him. Stewart may have been trying to get by him before he got too close (which he apparently did).
5) You cannot see to the side in most of these cars because of the seat configuration and neck restraints. Since Earnhardt got killed and the entire neck restraint industry changed there's not much side to side movement allow when you have the device on. Plus the seats have side bars even with the head blocking your side view although there may be a small opening there, you can only see a small area. Chances are Ward got in Stewart's blind spot and Stewart lost track of him.

None of this is simple and ******* or not Stewart nor any other decent driver out there would intentionally hit a person. This ain't manslaughter or negligence. It's racing and you are an idiot to get out and try to chase down a driver to flip him off.

 

[PineGroveBully]

if he hits his brakes the car goes into a slide and to quote Jack he wouldnt

have had a chinamans chance of living. I dont think he saw him until the final second or two as cars are still moving and he has to be watching them instead of guy that wrecked the prior lap. You slam on the on brakes without really slowing up and he slides right over the guy. Im not a TS fan and I hate it for all involved but thats why you dont get out of the car while there are still cars racing on the track.

 

[Rebels7]

Everyone feels terrible that he got himself killed by accident. That said it's Tony Stewart a top 5 active nascar driver and future HOF if they have one. He's up there with Jeff Gordon, Dale Jr., Jimmie Johnson.

And someone who killed someone because he was upset.

That is the definition of negligent homicide.

 

[Rebels7]

Voluntary manslaughter would have to have the intent to kill or even injure and then death occurred. I don't know how you prove he intended to hurt the guy.

For involuntary manslaughter, Stewart would have to have "recklessly" caused the death of another. You may think he acted reckless, and I admit it looks bad, but the driver that stepped out there was the more reckless offender.

I agree this look bad, and I hate to say that if it was just some amateur driver out there I bet he never leaves the track without going through the police station first. Because this is Tony Stewart it will be handled differently.

Far from a slam dunk though. Will be interesting to watch. Such a senseless tragedy in the end.

Because he clearly gunned it and turned toward him?

 

[GTAdawg]

Didn't know you were in Stewart's head. Do tell the other details then..

 

[bulldogcountry1]

How can a relatively small

Group of people watch 5 seconds of relevant video and come up with such a vast array of conclusions?

 

[GTAdawg]

I would answer that with

We live in a time when people want and demand a conclusive answer. Right or wrong, yes or no, good or bad. The public wants an answer and they want it to be definitive. Even if it means drawing a conclusion in a completely grey matter.

 

[paindonthurt_]

What you read doesn't make it Tony's fault. Not even close.

Watching the video its really hard to say what happened.

The simple fact of the matter is the guy shouldn't have got out of his car.