Tony Stewart Could Be Charged With "Negligent Homicide " Under NY Law

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 (N.Y.) County Sheriff Philip Povero, who announced on Tuesday that the investigation is continuing, has said his initial findings have turned up nothing that would indicate criminal intent in the crash at the Canandaigua Motorsports Park on Saturday night.

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.

40flash - 8/14/2014 9:40:12 PM

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A tragic accident but not actionable in my opinion. As a retired race driver I remember being taught to NOT get out of your car while cars are still circulating, especially without a pace car. I watched the video and it didn't look to me like Tony was going any faster than the other cars under yellow. The exuberant 20 year old should have talked it over with Tony in the pits after the race. Feel bad for his family.

jacobrl - 9/1/2014 1:24:08 AM

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The drivers have a responsibility to proceed with caution when the yellow comes out. They must watch for track employees, emergency presonel, dibris leaying on the track and yes irate drivers. The yellow was out and the cars had slowed down when Ward got out of his car. Stewart has done this many times in the past along with many other drivers. I can't remember ever hearing of a driver getting hurt doing this. Stewart is a professional driver and knew exactly what his car would do on dirt. He didn't like Ward gesturing him and decided to send him a message by throwing dirt in his face. He gunned the engine when he was about 20 feet from him and there were tragic consequences. Watch the video and it is pretty hard to stick up for Stewart. His hot temper has finally caught up with him.