His last start was seven days ago


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His last start was seven days ago

Postby xusuwen96 » Sun Apr 08, 2018 8:55 pm

Tony Stewart could still face criminal charges for running down Kevin Ward Jr. with his sprint car, even if the three-time NASCAR champion didnt 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 behaviour that it becomes a crime, as former major leaguer Jose Offerman learned when he was charged with felony assault for rushing the mound -- swinging a bat -- after he was hit by a pitch in a minor league game. So Stewart would not expect to be charged for the car-on-car bump that sent Ward spinning into the wall. But if, for example, he were to tell police that he saw Ward on the track and tried to shower him with dirt or otherwise send him a message, a first-degree manslaughter charge could be a possibility, Yung said. In a 1949 case that Yung uses in his class, midget car racer Joseph Sostilio was found guilty of manslaughter after he tried to squeeze a four foot-wide vehicle through a two-foot opening at 40 mph, crashing into another car and sending it into the one driven by Stephen D. Bishop. Bishops car flipped three times and he was killed. Sostilios conviction was upheld on appeal by the Massachusetts Supreme Judicial Court. Noting that a violent or aggressive act on a football field or in a boxing ring is not necessarily a crime, Justice Henry Tilton Lummus wrote: "In the present case physical contact was not an essential part of the racing of automobiles." That was a half-century ago, and racing has changed. Trading paint is a part of the sport, and its not even uncommon these days for racers to leave their cars to confront rivals after a crash, which Ward appeared to be doing when he was killed. "In sports we tend to allow all sorts of conduct wed never allow in another circumstance," Yung said. "But this isnt a collision. Its not in that ballpark; its something you dont expect. This is a more complicated scenario. Were assuming Stewart didnt mean to do this, and yet a death resulted." Whether Stewarts actions were part of racing depends on what the police investigation finds. Unlike the cars Stewart drives on the NASCAR circuit, the sprint cars have no radios or instrument data recorders that could tell authorities exactly what was happening when Stewart hit Ward. Povero would not say how Stewart described the accident, but he said Monday he has reviewed two videos and spoken to Stewart. "The worst thing that could happen for Stewart is if his story doesnt seem to match other evidence," Yung said. "Because then it might call into question his own story." Poveros previous comments that he found no criminal intent all but rules out the possibility of a first-degree murder charge, which would essentially require a confession that Stewart was trying to kill Ward. For second-degree murder, prosecutors would need to prove Stewart was reckless in combination with a "depraved indifference to human life." "Mr. Stewart has fully co-operated with the police officers that are investigating," Povero said in a news conference shortly after the race. "He was visibly shaken by this incident, and has promised his continuing co-operation in this investigation." After the investigation is completed, Povero said, the evidence will be turned over to the district attorney as a matter of routine. Even if he is cleared by prosecutors, though, Stewart could face a civil suit. Although the standard of proof is lower than in a criminal case, the civil court would also consider Wards state of mind at the time of the accident and whether he was also negligent in venturing into racing traffic on a dark track in a dark suit. But Stewart would also have to weigh the damage to his image and career -- with his own team, tracks and millions in endorsements -- making a quick settlement likely. Alessio Cerci Jersey . The 22-year-old Kreider was injured Friday night in New Yorks win at Columbus, but played in the next two games -- including Monday nights win over Phoenix. But the left winger, who has 17 goals and 37 points this season, was limited to about 10 minutes of ice time in each of the previous games. Simone Zaza Jersey . Now the Minnesota Vikings have set their sights on soccer. http://www.italysoccerauthority.com/dav ... ly-jersey/. 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Grant Clitsome had a goal and two assists in Winnipegs 5-4 shootout win November 10th at MTS Centre. Ondrej Pavelec (15-19-4, 2.99, .901) will start his seventh consecutive game in goal. Jets Projected Lines: Ladd-Little-Frolik Kane-Scheifele-Wheeler Setoguchi-Jokinen-Byfuglien Thorburn-Wright-Peluso Enstrom-Bogosian Stuart-Trouba Pardy-Ellerby Bryan Little is on a five game point streak that includes two goals and six assists. Blake Wheeler (2 goals and four assists) Mark Scheifele (two goals and three assists) and Jacob Trouba (three goals and oone assist) are on three game point streaks.dddddddddddd San Jose is on a four game winning streak after beating Calgary 3-2 Monday night. The (32-12-6) Sharks are second in the Pacific Division with 70 points. They trail first place Anaheim by nine points. Alex Stalock (6-2, 1.80, .938) will start in goal. His last start was seven days ago when he made 24 saves in a 3-0 win in Florida. 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Re: His last start was seven days ago

Postby BillyJhonson » Thu Jun 14, 2018 6:52 am

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