Tony Stewart

[upnorth]

Harvey the case and the investigation is ongoing. There has been no determination as of yet.

The police and DA may not be playing their cards face up on the table here. And so far there has been no talk of Stewart's statements to the police.

[LMITOUT]

Oh it was debunked? Funny LMIT. Maybe in your mind.

Attorneys MAY attempt to bring up his past as evidence but that will NOT prove guilt in this case.

How about this... you are driving down the road and a police officer scans your license plate and it tells him its registered to LMIT of xyz city who had a speeding ticket and exhibition driving ticket in 2012. He pulls you over. Can he issue you a ticket for speeding because of your past transgressions. Trying to dumb it down for you a little bit so you can understand.

You mean you haven't been dumbing down your posts all along? Could have fooled me.

Once again, your example doesn't apply to the question at hand.

[CaptainMusky]

Whatever LMIT. The beauty of this country is the judicial system doesnt work on the court of public opinion.

You are wrong about what his past means to his guilt in this instance.

[LMITOUT]

Not from what I've read.

[CaptainMusky]

You're not right from what I've read or the defense attorneys I talked to.

[Slabasaurus]

Oh it was debunked? Funny LMIT. Maybe in your mind.

Attorneys MAY attempt to bring up his past as evidence but that will NOT prove guilt in this case.

How about this... you are driving down the road and a police officer scans your license plate and it tells him its registered to LMIT of xyz city who had a speeding ticket and exhibition driving ticket in 2012. He pulls you over. Can he issue you a ticket for speeding because of your past transgressions. Trying to dumb it down for you a little bit so you can understand.

I would not expect the crowd you're trying to persuade to understand the concept of evidence being germane to the case, especially if you draw parallels to things that aren't 1:1 comparisons. This crowd loves to tell you that it's not the same thing, even though your principles and point are in fact 1:1.

[LMITOUT]

Because they never look at the past when establishing a defendant's character and their intent.

[LMITOUT]

You're not right from what I've read or the defense attorneys I talked to.

Well, FWIW this attorney was based in NY where the incident took place and didn't seem hesitant when stating that Stewart's character would most certainly play a part in this.

But like I said before you changed the subject since you were losing the argument, the entire reason why there is doubt and questions surrounding the incident is primarily due to Stewart's past history. If it were another driver such as Dale Jr, as you mentioned before, most people would buy into the excuses of visibility, car control, etc., but it's not Dale Jr... it's a driver with a history of being a hothead and the theory that he tried to send a message by swiping at Ward then becomes definitely plausible.

[Slabasaurus]

Because they never look at the past when establishing a defendant's character and their intent.

While that may be your perception of how it works, the reality is jurors are instructed to look at evidence only germane to the case at hand when determining guilt or innocence. Had someone on a jury I was on that didn't quite grasp that until the judge threatened to slap them with a contempt charge.

As CM stated, sentencing is another story.

[LMITOUT]

While that may be your perception of how it works,

It's not my perception, it's the NY attorney who commented on the case.

[harvey lee]

Agreed Slab!!

[upnorth]

Doing a little lookup on character evidence in trials. It can be used under certain circumstances. The minute the defense tries to say what an upstanding part of racing Stewart is they open the door to rebuttal and in turn all his past. It didn't look like there was much opportunity for prosecution to introduce, but I wasn't going to spend all day looking through the documentation looking for a loophole, that may or may not exist.

[CaptainMusky]

LMIT of course a prosecuting attorney would say that and they absolutely would attempt it. A reputable judge and defense attorney would rapidly get it thrown out as admissible.

BTW I never changed the subject you did when you "flipped the script" and reversed who hit who. The ONLY thing that would change would be the media and public opinion firestorm.

[LMITOUT]

I never stated that it was a prosecuting attorney.

BTW I never changed the subject you did when you "flipped the script" and reversed who hit who.

Might want to check again. You brought up Dale Jr, I agreed and said the only reason this is such a story is because Stewart is a hothead. At that point you ran away from that because you couldn't get an argument and started on something else.

[CaptainMusky]

Might want to check again. You brought up Dale Jr, I agreed and said the only reason this is such a story is because Stewart is a hothead. At that point you ran away from that because you couldn't get an argument and started on something else.

[Wanderer]

OMG, you guys!

Why did Sillytown have to come to the track?!

[harvey lee]

I didn't say he was going that fast when he hit him.

I don't know how these compare to what you see at Arlington. I do know it was a 410 which is the big wood model so what you saw at Arlington may or may not be the same. Not familiar with those races.

Captain, you are correct

In regards to what the sprint cars run in Arlington, if you are talking Arlington race track in Arlington, MN, they use to run 360's, not the big 410's so yes, they could run slower, much slower and no real comparison.

But, now they run a Racesaver 305 I believe, much smaller than anyone else around. Nothing compared to the big 410 WOO motors or even the 360 motors. I am almost sure it is a fuel injected 305.

[LMITOUT]

I wish I had a meme for this. LMAO

Good grief you're ignorant.

Who was the one that started flappin' his yap about Stewart's hothead attitude not holding up in a courtroom? Oh yeah, it was you.

Got a meme for that? Oh yeah, I do.

[CaptainMusky]

Yep you sure got owned LMIT thanks for the meme. I will make sure to use that next time.

[Sifty]

Has anyone seen the slowed down video?

Looks like things maybe looking a touch different.

[Big Dave2]

Has anyone seen the slowed down video?

Looks like things maybe looking a touch different.

Why not post it?

I don't know that I can come to any sort of conclusion based on that.

[sptitz]

EXCLUSIVE: Crash Witness Says Tony Stewart Could Not Have Avoided Hitting Other Driver

http://rochester.twcnews.com/content/new...g-other-driver/

"From what I saw, Tony did everything in his power to turn down away from Kevin to avoid him," said sprint car driver Cory Sparks. Sparks was just a few cars behind Stewart during Saturday's race. He said videos that have been posted online do not give an accurate picture of what happened.

"People say that they heard the engine rev up and he gassed it. In a sprint car, the only way to steer is you steer with the rear wheels as much as you do the steering wheel. In my opinion, what he did was he gassed it to turn down away from him," said Sparks.

Sparks also said drivers are very limited with the amount they can see out of the right side of the car.

"Kevin was wearing all-black. A black fire suit, a black helmet, which in normal situations isn't a big deal, they are to go with the colors of your car. It was tragic accident and a mistake was made," said Sparks.

"I think that the biggest thing is to remember Kevin Ward as a great race car driver, not a victim of Tony Stewart," said Sparks.

[harvey lee]

With that testimony, I would guess it would be very hard to file charges on Tony saying he did it on purpose with a driver not far behind saying what he has.

[M1dwestF1sh]

I don't think they will charge him with anything but I will say is an already struggling stewart will never recover from this. I think his racing career is over.

[CaptainMusky]

I don't think they will charge him with anything but I will say is an already struggling stewart will never recover from this. I think his racing career is over.

I tend to agree with this as well. Regardless of guilt of how Ward died I cannot imagine how he recovers from this or races again.

Not taking anything away from the friends and family of ward in their loss but this will be difficult to overcome for Tony.