Grand Jury to Decide Tony Stewart's Fate

[Keith B]

A grand jury will decide on whether NASCAR star Tony Stewart will face charges in the death of Kevin Ward Jr. They will be reviewing whether there is enough evidence to charge him with negligent homicide as some speculate he swerved to try and scare Ward and misjudged his position on the track.

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[jmra]

Seems to me a person would have to be a mind reader in order to come to the conclusion that his actions were intentional. For all we know it was the deceased's intent to distract him so he would crash and also be eliminated from the race. It's a dangerous sport. People get hurt and sometimes they die.

[TomsTXCHL]

Well the Sheriff said he could see no hard evidence but the DA wants a GJ to take a look. I've not seen any of the video or pictures but a description suggests to me that TS would be well-served to practice his story e.g. "another car blocked my view and when I saw KW I tried to adjust and fishtailed into him" or some such.

I didn't see anything about "swerved to try and scare" but of course if that's truly the case then TS should face the music. I suppose whether a GJ can be convinced of this depends on the number and quality of eyewitness reports that come forward.

But IMO we see enough high-def Instant Replays of other sports lately NFL to know that the video replay can confuse and mislead vs. what we were convinced about when we saw the event live.

[Keith B]

The problem is the race was not televised and there was only spectator videos to view. I have seen a couple of the videos that were publicly available. They are a little disturbing. Ward was hit by the right front tire. Just as that happens you can hear in one video the engine 'burp like the gas pedal was bumped and the back end of the car kicks a little. Speculation is Stewart might have burped the engine to intimidate Ward and misjudged where he was as he was walking down the track toward his car. Stewart is apparently known for doing these types of things. I am sure he didn't intend to hit him, or even try to get close. Was a tragic accident, but the GJ will have to determine if there is enough evidence to claim negligence or reckless homicide.

[jimlongley]

First of all, it is a dirt track, dirt tracks develop ruts and potholes that make it very hard to be precise enough to hit or miss a particular spot, even more so coming off a turn.

The initial tangle was coming off the turn. Without regard for who did what and with which and to whom, Ward ended up on the fence. Ward then went out on the track to chastise Stewart as he came around the next time.

As Stewart came around the turn the next time Ward moved all the way down the track into his path (I have seen the video from old stock car racing buddies way too many times) and as Stewart come out of the turn onto the straight, you can see Ward realize the error of his ways and try to move back up the track, and then Stewart hits him.

Lesson 1 - DON'T GO OUT ON THE TRACK!!

Could Stewart have avoided hitting him? Yes, if he had ceased to race, but he had no real way of knowing that Ward was waiting to jump him as he came back around, he was racing and the tangle had happened a long time ago in racing terms, but coming off that turn, racing, it is doubtful to me that Stewart even knew Ward was there until the very last instant.

Engine sounds, from which car? There were other cars on the track, and even Stewart's car could have "burped" just because he was positioning himself for the straight, still not having noticed Ward.

Holes and ruts make the cars dance.

In my old racing mind, Ward was co-author of his own fate.

[Keith B]

First of all, it is a dirt track, dirt tracks develop ruts and potholes that make it very hard to be precise enough to hit or miss a particular spot, even more so coming off a turn.

The initial tangle was coming off the turn. Without regard for who did what and with which and to whom, Ward ended up on the fence. Ward then went out on the track to chastise Stewart as he came around the next time.

As Stewart came around the turn the next time Ward moved all the way down the track into his path (I have seen the video from old stock car racing buddies way too many times) and as Stewart come out of the turn onto the straight, you can see Ward realize the error of his ways and try to move back up the track, and then Stewart hits him.

Lesson 1 - DON'T GO OUT ON THE TRACK!!

Could Stewart have avoided hitting him? Yes, if he had ceased to race, but he had no real way of knowing that Ward was waiting to jump him as he came back around, he was racing and the tangle had happened a long time ago in racing terms, but coming off that turn, racing, it is doubtful to me that Stewart even knew Ward was there until the very last instant.

Engine sounds, from which car? There were other cars on the track, and even Stewart's car could have "burped" just because he was positioning himself for the straight, still not having noticed Ward.

Holes and ruts make the cars dance.

In my old racing mind, Ward was co-author of his own fate.

Yeah, I don't disagree. I think the GJ will be unable to see any evidence of negligence and the decision will put the speculation to rest that he was reckless or negligent. Ward should have kept his cool and not been out on the track anywhere in the main track. I believe it was just an unfortunate accident and the decision should end the discussion.

[The Annoyed Man]

That "burp" might have been TS downshifting.......or anything......no way to tell. Sometimes you steer with the throttle, and he might have been using it to try and avoid Ward. No real way to know just from watching the videos. I was an active roadracer for several years and have a lot of track time under race conditions under my belt. I can tell you that when you round a corner at speed and see someone standing on the track when you least expected it, it can be a very surprising and disorienting experience. You've not only got to worry about avoiding that person, but you've got to worry about what the consequences of avoidance might be to you AND any drivers around you. Ironically, both winning AND safety require the same thing: fast and smooth. Abrupt movements can get you killed, or kill someone else. Even the "mighty" Tony Stewart is capable of mistakes. For sure, Kevin Ward made a huge one.

Stewart may be known for trying to intimidate other drivers (it IS NASCAR, isn't it?), but he's far from the only one who ever had that reputation. Dale Earnhardt's nickname was "The Intimidator". Also, what KW did was extremely unprofessional. Jump out of your car and charge into the middle of an active race track on foot? What kind of flippin' idiot does that?

I'm not a Tony Stewart fan by any stretch. Heck, I'm {{{gasp}}} not even a NASCAR fan! But I do know racing safety. Kevin Ward is as much responsible for his own death as any part that Stewart played in it. The investigation may reveal that Stewart is partially or fully responsible; but what is going unspoken and NEEDS to be said is that Kevin Ward was a TOTAL idiot for letting his anger get the best of him and charging onto an active racetrack with cars still moving at speed on it.

A guy, we'll call him "John", goes to a bar owned and frequented by Hells Angels bikers. Inside, in a macho challenge, one of the bikers walking past John deliberately bumps into him as he walks past. John rises to the challenge and rushes after the biker shouting obscenities at him and takes a swing at him. John gets beat to a pulp and dies. There is an investigation, and the biker is charged with some degree of homicide. He pleads self-defense (John swung first), but the jury doesn't buy it because the biker has a bad reputation, and (downplaying the facts by basing their opinion on the biker's reputation) convicts him. Some people, including me, would say that John was an idiot. He chose to walk into a dangerous environment. He lost his cool at a relatively minor offense in the larger scheme of things. He charged into a dangerous situation and challenged a person known to be dangerous. He died as a result, NOT just of the actions of the biker who beat him to death, but also because he chose to act like a fool in a dangerous situation.

This is what happened to Kevin Ward. It really is too bad that he's dead, but I am having a little bit of trouble understanding why people are focusing entirely on Stewart's part in this, while ignoring Ward's.....when he's just as responsible for what happened to himself.

How does this relate to CHL? It has to do with one of the responsibilities of carrying a gun. We carry to protect ourselves, but we have a responsibility to avoid trouble if we can. Some of us, myself included, have been chided over the years for saying things like "nothing good happens after 10pm", or "if you don't want trouble, don't go drinking in bars with stupid friends", etc., etc. The counter-argument seems to be along the lines of "I have a RIGHT to be there, so it isn't my fault that bad ju-ju happened to me". It's true. You have that right. Ron White famously jokes about being arrested for "drunk in pub-lick" and being told that he had the right to remain silent. He tells the audience, "I had the right, but I did not have the ability". We all laugh because we know that he is telling on himself for being, as Red ("That 70s Show") would call it, "a dumbass". You may have a right to be at that place, but if you insist on your right to be in a place where alcohol and bad ju-ju intersect, then you're a dumbass......with rights.

Kevin Ward had as much right to be on that track as Tony Stewart did, but he was a dumbass for rushing on foot into a crowd of racecars on an active racetrack. Stewart may or may not have been culpable. The GJ will figure that out. But if the GJ doesn't take into account that Ward was being a dumbass when he charged onto that track, then they are dumbasses too.

[The Annoyed Man]

apparently, jimlongley beat me to the same conclusion. As is usual, someone said in fewer words than I did.

[PUCKER]

First thing they teach you in racing school - STAY IN THE CAR UNLESS IT IS ON FIRE! Once you leave the confines of your car you are in danger, you have no protection.

Sprint/Outlaw cars are direct connection - meaning no downshift/upshift, clutch, etc...push start to go, unless things have changed...and you use throttle to steer as well, cars are extremely staggered, also visibility to the right is very limited. I feel a lot of folks would have a different opinion of this had they ever been in a race car (I race with SCCA GT2 class with a GTA stock car) - it's not like driving a regular car with great visibility...you have a narrow field of view, it's freaky at first but soon you realize that you need to focus on what is far ahead of you versus what is right in front of you as you cannot react/deal with what is right in front of you, by the time you've seen it the opportunity to react is too late. The videos of the event that my racing friends and I have seen even show what appears to be KW Jr trying to grab TS's wing...fatal mistake, those are W I D E rear tires. Who knows...? The #1 fact remains that had KW Jr stayed in the car this would all be a moot point.

[ELB]

After reading the Sheriff's comments (and of course watching the video a dozen times myself), I am thinking this went to the GJ for the same reason an obviously good self-defense shoot goes -- so the DA can tell the unhappy party, "Hey, it's not just me, 12 people looked at this and came to the same conclusion."

[The Annoyed Man]

First thing they teach you in racing school - STAY IN THE CAR UNLESS IT IS ON FIRE! Once you leave the confines of your car you are in danger, you have no protection.

Sprint/Outlaw cars are direct connection - meaning no downshift/upshift, clutch, etc...push start to go, unless things have changed...and you use throttle to steer as well, cars are extremely staggered, also visibility to the right is very limited. I feel a lot of folks would have a different opinion of this had they ever been in a race car (I race with SCCA GT2 class with a GTA stock car) - it's not like driving a regular car with great visibility...you have a narrow field of view, it's freaky at first but soon you realize that you need to focus on what is far ahead of you versus what is right in front of you as you cannot react/deal with what is right in front of you, by the time you've seen it the opportunity to react is to late. The videos of the event that my racing friends and I have seen even show what appears to be KW Jr trying to grab TS's wing...fatal mistake, those are W I D E rear tires. Who knows...? The #1 fact remains that had KW Jr stayed in the car this would all be a moot point.

Exactly....... although I didn't know that sprint cars are direct connect engines. Like I said, I'm not a fan and don't follow the sport. But what you say about having sort of a "tunnel vision" is true, even without the barriers to vision presented by things like bodywork, rollcages, etc. One of things I had to adapt to when I first started racing bikes was to stop watching the pavement in front of my tire for the slippery or sharp things......an old street-riding habit. At 160 mph on a bike, stuff comes at you so fast that you have to be focused on what's happening way out in front of you so that you'll have time to react to it by the time you get there. It's already too late to do anything about what's happening around you. And you have to take it as a matter of faith that the pavement is clean and dry.

[TomsTXCHL]

...I am having a little bit of trouble understanding why people are focusing entirely on Stewart's part in this, while ignoring Ward's.....when he's just as responsible for what happened to himself.

Dunno that Ward's role is being ignored at all--it was clear he was an idiot. What is NOT so clear is why, of the other cars coming 'round the track, it was Stewart's that happened to run him over.

I tend to agree with ELB that the DA is looking for cover in the Grand Jury decision.

The caution in this tale for us CHLers is clear enough to me: we will be held to account for our decision to carry and for the result of any discharge whether intentional or negligent.

[Charles L. Cotton]

I have no idea of Stewart's actions were criminal, so I'll trust the Sheriff and the grand jury. My initial reaction was that it was a tragic accident brought on by a hothead getting out of his car and onto the track. While this was certainly true at least in part, Stewart apparently is also a hothead and one who has a history of fights and "going after" other people. (I didn't know this before this accident because I don't follow NASCAR.) This doesn't mean he's guilty of any criminal offense, but I do think it warrants a good investigation.

Chas.

[PUCKER]

I don't follow NASCAR.

Uh oh...that's grounds for Texas Citizenship Relinquishment!

I'll admit that watching a bunch of cars going around in a circle is GREAT for helping with the Sunday afternoon nap....ie, I call it NAPCAR! Watching them at Watkins Glen, Infineon and then the Nationwide Cars at Road America is what I like! They can turn "right" when they have to LOL!

[The Annoyed Man]

I don't follow NASCAR.

Uh oh...that's grounds for Texas Citizenship Relinquishment!

I'll admit that watching a bunch of cars going around in a circle is GREAT for helping with the Sunday afternoon nap....ie, I call it NAPCAR! Watching them at Watkins Glen, Infineon and then the Nationwide Cars at Road America is what I like! They can turn "right" when they have to LOL!

I'm feeling ignored.

Heck, I'm {{{gasp}}} not even a NASCAR fan!