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Tony Stewart could still face criminal charges for running down Kevin Ward Jr. [url=http://www.probearsonline.com/authentic-jim-
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Tony Stewart could still face criminal charges for running down Kevin Ward Jr. [url=http://www.probearsonline.com/authentic-jim-
in Out of Line 04.06.2018 10:22von jokergreen0220 • | 619 Beiträge
Tony Stewart could still face criminal charges for running down Kevin Ward Jr. Jim McMahon 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. Mitchell Trubisky Jersey . He scored two highlight-reel goals in a three-minute span -- the second on a sideways bicycle kick in the 78th minute -- to give the Whitecaps a 2-2 draw with the Portland Timbers before a crowd of 20,303 at B. Dan Skuta Jersey . TSN 1290s Jordan Cieciwa, Big Marv and Toby are here to give their predictions on who will leave with the belt and who will take some of the other key bouts on the card. Johny Hendricks vs. http://www.probearsonline.com/authentic-eddie-jackson-bears-jersey/ .5 million, two-year contract with the San Francisco Giants on Thursday, a deal that covers his final two arbitration seasons.ABBOTSFORD, B.C. -- Benn Ferrieros familiar with scoring important goals, just not in back-to-back games. Ferriero scored the overtime goal for the second-straight night to lift the Utica Comets to a 4-3 win over the Abbotsford Heat in American Hockey League action Saturday. "Ive never scored two in a row like that, but Ive scored a couple OT winners in my career in college and pro," said Ferriero. "It feels good to help the team like that." Ferriero took advantage of Chris Breens broken stick at the Abbotsford blue-line, burst past the lone defender and buried a slap shot top corner on goalie Joey MacDonald. "They had a good rush going there but they got a little unlucky when (Breen) broke his stick," said Ferriero. "I saw there was the one D man that I thought I could catch. (Yann) Sauve made a great pass to me. Im pretty happy about that one." The 26-year-old right-winger is red-hot. Besides also scoring the only goal in Fridays 1-0 win against the Heat, he has five goals in as many games and 10 points during an eight-game point streak. After signing with the Vancouver Canucks in the summer, hes played just two games for the Comets NHL affiliate. Even though Abbotsford is in the Canucks backyard -- just an hour east -- he thinks his consistency will be what gets him back the sports top level. "Youve got (their presence) in the back of your head, but you cant control anything, except how you play out there," said Ferriero, who has 31 points in 39 games this season. "This year Im really trying to work on consistency and bringing it every single night." Alex Grenier scored twice for the Comets, but like Ferriero, he says he doesnt like to dwell on that either. "Maybe a little, its a bit different, but youve got to concentrate and play your game," said Grenier, Vancouvers 2011 third-round choice. "Theyre not looking for guys who are better here than anywhere else. We just give it everything and hope its enough." Brandon DeFazio had the other Comets goal, while Pascal Pelletier had two assists for Utica (15-20-5), which has won four straight. "It was a real tight game, tight-checking, feisty," said Ferriero. "We knew coming in, since we beat them a couple times in a row. Thhey pushed back and responded from the beginning. Willie Young Jersey. ." Joacim Eriksson made 23 saves in the win. Max Reinhart and Markus Granlund each had a goal and an assist for Abbotsford (26-14-4) and Brett Olson also scored. MacDonald made 35 saves in the losing effort, though his coach says he doesnt blame him for the overtime goal. "The game-winning goal was a great goal," said Heat head coach Troy Ward. "That would have gone in in the NHL. That was a goal-scorers goal. He had one intent, and that was to shoot it as hard as he could. He did that, and I give that guy a lot of credit." The Comets opened the scoring 2:05 into the game. After a lively dump into the Abbotsford zone, Jordan Schroeder chipped the puck to the front of the net where DeFazio swept it past MacDonald with a backhander for his fifth of the season. Granlund, however, evened the score with a power-play goal at 7:42. He took a feed from Reinhart and beat Eriksson with a wrist shot glove side for his 17th of the year. Despite failing to score on a two-man advantage earlier in the second period, the Comets regained the lead at 7:51. Pelletier chipped the puck in front, where Grenier turned and quickly beat MacDonald blocker side for his 14th of the season. "Pelletier made really nice plays to me," said Grenier, "I was fortunate to be there but Pascal made all the plays there." The Heat drew even at 10:52 while killing a penalty for too many men. Granlund fanned on his shot attempt on a two-on-two rush, but Reinhart redirected the puck past the Comets netminder for his ninth of the season. Olson scored at 7:18 to give the Heat their first lead of the night. Olsons forecheck pressured Yann Sauve into coughing up the puck at the face-off dot. Olson pounced, walked in on Eriksson and went short side for his seventh of the year and his first point in 14 games. The Comets, however, evened the score at 11:13. Pelletier forced John Ramage to give it up behind the net and Grenier was there to bury his second of the game. Then, at 1:10 of overtime Ferriero netted the winner. "That was an unbelievable shot, one of the best Ive ever seen," said Grenier. "Im really happy for Benny. Hes been one of our key players for the season." NFL Jerseys Wholesale Cheap NFL Jerseys Authentic Wholesale Jerseys Discount NFL Jerseys NFL Jerseys Wholesale White NFL Jerseys Cheap Cheap Jerseys Wholesale ' ' '
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