Valerie
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- Sep 17, 2008
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Tony Stewart could still face criminal charges for running down Kevin Ward Jr. with his sprint car, even if the three-time NASCAR champion didn't mean to kill Ward, hurt him or even scare him.
Ontario County Sheriff Philip Povero, who announced on Tuesday that the investigation is continuing, has said that his initial findings have turned up nothing that would indicate criminal intent in the crash at the Canandaigua Motorsports Park.
But legal experts agree that does not mean Stewart is in the clear.
The NASCAR star could be charged with second-degree manslaughter under New York law if prosecutors believe he "recklessly caused the death of another person," with negligent homicide another possibility, according to criminal law professor Corey Rayburn Yung of the Kansas University School of Law.
"The question over whether someone was reckless is a factual one, and one a prosecutor might let a jury decide," said Yung, who also posts at the Concurring Opinion blog.
Athletes in competition often do things that would get the average person arrested — think two boxers in the ring, or a baserunner sliding into second with his spikes high. But sometimes an act is so far outside the bounds of accepted sporting behavior that it becomes a crime.
Criminal charge possible for Stewart in Ward death
reminds me of that time manifraud once bragged about purposely whipping a slap shot straight at a referee he was pissed at during a hockey game... the ref went down writhing in pain and that psycho with a hockey stick giddily bragged how it was the perfect pay-back since there was no way that anyone could ever prove his intent to do the ref harm...
I once drilled a hockey referee right in the shin with a slapshot, on purpose, because he was being a total asshole. Of course I made it look unintentional. He got a welt that swelled up the size of tennis ball and he had to leave the game.
Not my proudest moment for sure. But the fucker was really asking for it.
oh my bad, the brag came with his typical weaselly disclaimer clause...
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