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Опубликовано 08 Ноября 2016, 13:01:08
advi Tony Stewart could still face criminal charges for running down Kevin Ward Jr. Morgan Moses Redskins Jersey . 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. Matt Jones Redskins Jersey . As a follow-up, TSN.ca offers you the opportunity to chime in on all the big issues with our insiders. Read up on all the questions and answers, and put in your own two cents on our popular Your Call feature. Doug Williams Redskins Jersey . -- Steven Stamkos scored his first goal since returning from a major injury, Ryan Callahan had his first goal with Tampa Bay, and the Lightning beat the Florida Panthers 5-4 on Thursday night. http://www.cheapredskinslockroom.com/AUTHENTIC-SANTANA-MOSS-REDSKINS-JERSEY/ . According to a report from CSN Bay Area, the 49ers are bracing for 6-8 game suspension for their outside linebacker.ABBOTSFORD, B.C. -- Ben Street had a goal and assisted on the game winner to lead the Abbotsford Heat to a 4-2 win over the San Antonio Rampage in American Hockey League action Friday. Street set up Max Reinharts third-period power play goal, giving the reigning AHL player of the month of November 20 points in his past 13 games. Michael Grandlund scored an empty net goal to go with his two assists and Ben Hanowski also tallied for Abbotsford (18-6-2), who increased their position atop the AHL standings. Joni Ortio made 29 saves in the win. Vincent Trocheck had a goal and an assist for San Antonio (10-11-2), while Bobby Butler also scored. Jacob Markstrom stopped 34 shots for the Rampage. The Heat opened the scoring at 14:08 of the second period on the power play, unleashing a shower of plush toys on Teddy Bear Toss night. Markstrom kicked Michael Ferlands slap shot right to Hanowski at the right side of the net. He tried a cross-crease pass to Brett Olson but the centring feed went off Markstroms skate and in, giving Hanowski eight goals on the season. Street scored 62 seconds into the third period on a four-on-three power play to make it 2-0. Chad Billiins made a good pass across to Granlund at the side of the net. John Riggins Redskins Jersey. His shot trickled behind Markstrom and Street swooped in to shovel home his 13th of the season. The Rampage cut the deficit to 2-1 just a couple minutes later when Butler picked up his seventh. Trocheck began the rush and fed the puck up to Garrett Wilson, who made a great centring pass to Butler in the slot for the easy redirect past Ortios outstretched arm. Trocheck tied the game at 11:41 of the third while shorthanded, as he stripped Granlund of the puck in the slot and got a shot off and then scored on his own rebound. The Heat regained the lead on that same power play, just 38 seconds later. Reinhart one-timed a perfect cross-ice pass from Street to beat Markstrom glove side. Granlund had a chance to score a fourth power play goal for the Heat, but Markstrom slide across to make a tough toe save. The Rampage pushed to even the game, but the closest they came was Quintin Howdens redirect at the side of the net, which Ortio kicked out with his left pad with a little more than four minutes to go. Granlund added an empty net goal with less than a minute remaining. Wholesale NFL Jerseys ' ' '
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