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#1 16.12.2019 08:12:37

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Tony Stewart could still face criminal charges for running down Kevin

Tony Stewart could still face criminal charges for running down Kevin Ward Jr. Greg Monroe 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. Dave Cowens Jersey .ca! Hi Kerry, The recent issues in the Boston-Pittsburgh game have highlighted a number of officiating, game control, and player sportsmanship aspects. Milwaukee Bucks Pro Shop . Next up is another showdown with Michigan. Payne scored 18 points, Branden Dawson had 14 and No. 22 Michigan State beat No. 12 Wisconsin 83-75 on Saturday to reach the Big Ten tournament championship. https://www.cheapbucksonline.com/806t-a … bucks.html . In Englands first game since its worst-ever World Cup showing, Roy Hodgsons side rarely looked like scoring against unambitious opposition and the breakthrough in the friendly only came when Raheem Sterling was tripped in the penalty area.IRVING, Texas - Tony Romo and Jason Witten are the stalwarts in the Dallas offence, and will be surrounded by runners, receivers and blockers making their playoff debuts against Detroit.Its hard to say this is the best chance for a Super Bowl run for the quarterback and tight end that joined the Cowboys together 11 years ago. They were the top seed in the NFC seven years ago.Thanks to DeMarco Murray, though, this is the closest thing the Cowboys have had to Emmitt Smith since the NFLs all-time rushing leader helped carry the Cowboys to three Super Bowl titles in four years in the 1990s.And that could mean good things for Romo and Witten, who have piled up plenty of stats but really only care about the loneliest number on their resumes — one playoff win.Were making things tough on defences, Romo said. Were upset when we dont score on a drive. Ultimately thats where you want to get as an offensive unit.The Cowboys (12-4) ended a four-year playoff drought by winning the NFC East and will face the Lions (11-5) in a wild-card game Sunday.Besides Murray leading the NFL with 1,845 yards rushing, Dez Bryant broke Terrell Owens franchise record from that standout 2007 season with 16 touchdowns receiving.All those things happened behind a young offensive line that had left tackle Tyron Smith and right guard Zack Martin selected Friday to The Associated Press All-Pro team. Martin was the first rookie All-Pro for the Cowboys since Calvin Hill in 1969. Center Travis Frederick made the Pro Bowl along with Smith, Martin, Romo, Murray and Bryant.Romo led the NFL with a franchise-record passer rating of 113.2, and the explanation for his efficiency starts with Murray, who broke records by Hall of Famers in Smith and Jim Brown.Thats kind of what we hung our hat on all year, Witten said. Everythings because weve been able to run the ball. With a really good group up front, we have to be able to capitalize.Theres the key word for Romo and Witten — capitalize. Its the fourth time theyve been to the playoffs together, starting with Romos hearrtbreaking flub of the hold on a field goal that could have beaten Seattle in a wild-card game during the 2006 season. Cheap Bucks Jerseys. They went right back to the post-season a year later with a 13-3 record, then lost to the New York Giants in the divisional round after a bye.Dallas won its first playoff game since 1996 by beating Philadelphia five years ago, then got trounced by Romos boyhood idol, Brett Favre, and Minnesota a week later.Witten actually has one more playoff loss than Romos 1-3 mark. The Cowboys lost a wild-card game his rookie year, when the undrafted Romo was just trying to secure a spot on the roster.I think obviously the older you get, you want the young guys to understand that it doesnt come around every year and you want to take advantage when you have that opportunity, said the 34-year-old Romo, who is coming off back surgery late in the 2013 season and had another back injury this year. You have to be the best version of yourself and lay it on the line.For Romo, that means trying to shake the tag of the guy whos ahead of Super Bowl winners Roger Staubach and Troy Aikman in most of the franchise passing categories, but is running out of time to match their championship pedigrees.I dont know how you could have any more appreciation, and I say that in a positive way, for what he is as a quarterback without actually playing in a Super Bowl, said owner Jerry Jones, who gave Romo the first $100 million contract in franchise history almost two years ago. Our 2009 team, our 2007 team, we missed big-time opportunities there with Tony Romo.And Jason Witten, too.NOTES: DT Tyrone Crawford didnt practice Friday because he was sick, and was listed as questionable for the playoff game. ... RT Doug Free (ankle) and LB Anthony Hitchens (ankle) missed practice all week. Free, who missed the last two games of the regular season, is doubtful. Hitchens is questionable.___Online:AP NFL website: www.pro32.ap.org and www.twitter.com/AP_NFL___Follow Schuyler Dixon on Twitter at https://twitter.com/apschuyler ' ' '

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