Forum: HoseHeads Sprint Car General Forum (go)
Moderators: dirtonly  /  dmantx  /  hosehead

And, if he doesn't think there is sufficient evidence to get a verdict in court, how agressive will he be in front a Grand Jury??

My guess is not very if the evidence isn't there, that makes it seem as though it's the Grand Jury's fault if Tony isn't charged.

So that things were handled properly and no one can say the DA acted alone no matter what they did, it had to go to the grand jury. It is just judicial process.

The thing is, just how often does a grand jury not return a reason to file charges?

NY is a little different. In NY, all felony cases must be sent to a grand jury unless the defendant consents to a direct indictment.

http://manhattanda.org/criminal-justice-system-how-it-works?s=39

It is not up to the DA to decide if the evidence is sufficient. It is up to them to present what they have and let the grand jury decide.

They don't have to be aggressive. It doesn't take much.

A grand jury indictment takes about the least amount of evidence there is.

And remember, the defence has no chance to present or cross examine.

The whole proceeding is based on telling the jury why the person is guilty of something.

All they need is for people to testify Tony tried to intimidate Ward with a sprint car, and they have plenty of people who will do that. Yes Ward was on the track, but all they have to think is that Tony might have been reckless.

Clearly, the DA is avoiding accusations of preferential treatment by submitting the matter to the Grand Jury.  As for a civil suit, one must remember that the burden of proof is a lessor standard than in a criminal case.  There will be a civil suit.  Regardless, New York is a pure comparative fault state.  That is, when both the plaintiff and the defendant were negligent, the court must determine each party’s percentage of fault and award damages proportionally. 

Even if it, hypothetically, goes to trial, a jury would have to prove BEYOND A REASONABLE DOUBT that Tony's actions had criminal intent. That would seem incredibly difficult in this case, especially once Tony and his defense team would have their day in court for defense. Trust me, he will have an incredibly strong team around him. Seems like such a waste of time and money on the DA's part. What could possibly have changed between now and when the Sherrif stated there seemed to be no criminal intent? 

The comment you referenced from the sheriff was made before the investigation team was fully engaged. There are reports of a second video and perhaps even more...eyewitness in rows take time and are not made public until the trial.

"beyond a reasonable doubt" has it's biggest impact on the highest loss of life charges...lesser charges have much lower hurdles forcthe prosecunion team if the grand jury votes to proceed with indictment.

there is always the potential for plea bargain options...so there may be time for a few boxes of popcorn as the drama unfolds during the off season.

Lincoln 1845 ft/.35 mile T1=118MPH 
Eldora 2287 ft/.43mile T3=135MPH
Port 2716 ft/.51 mile T3=TBD
Grove 2792 ft/.53 mile T3=135MPH
Selinsgrove 2847 ft/.54 mile T1=136MPH
"I didn't move to PA from El Paso in search of better 
weather." Van May

someone said in another thread that all felony cases have to go before a grand jury in NY. it is normal procedure.

and yes in a jury trial the case would have to be proven, but all a grand jury hyas to have is cause to procede. they don't have to have proof.

remember we have a case where people on the scene are making statements that tony tried to intimidate ward with a car.

there is plenty of documentation and video that tony has a temper and can act irrational at times. i don't know what the prosecution is allowed to present to a grand jury but if they can show video of tony throwing his helmet and interviews where tony says he is going to go after someone and show tony's past actions attacking reporters and promotors, then they can make present a case that tony has a history of lashing out at people with whatever is handy. add that to witness statements that tony tried to intimidate ward and it doesn't take much to get the grand jury to say there is cause to file. they don't decide guilt or if the case can be won. it is like a pre trial arraignment where the prosecution lays out its case.

i'm not trying to make a case, just presenting the argument that there are ways to make a case. and the prosecution is good at it. it is their job.

it is not a waste of time or money. if they weren't working on this case it would be another. it is what they do.

the law is not on your side at this point. the law is trying to prove you at fault. you have no say or no chance to present a defence. everything is against you until you get to court, then it is your time to plead your case. unless you get lucky and the case is not bound over. meaning no charges are filed.

the threshold for a grand jury to find reason to bind a case over is very low.

to indy and beyond!!

I still think there is a good chance that charges are pressed.  I do, however, agree with you that there is very little chance he is found guilty.

if the case goes to trial guilt will depend on the case presented and the charges brought. it all depends on what they can get a jury to believe.

everyone keeps thinking manslaughter or something. simple neglect or recklessness is always a possibility. and even with recklessness there is a death involved. and there is a motor vehichle involved. that makes it a felony because it is a deadly weapon. see how that can work.

i have been through the court system. i have gone to trial for something i had no involvement in at all. i had to go through the whole trial and have the jury deliberate to find me innocent. the judge told the jury at the beginning it was the most simple cut and dry case they would ever see, yet there were two idiots that wanted to convict. they were dead locked. the judge had to remind them this was the simplest case he had ever seen and for them to go back and reach a verdict. you just never know, but your only chance when charges are brought is in court.

i have seen how the prosecution works. the whole system is against you until you get it to a trail and a jury. and then all it takes is one idiot to hang the jury and potentially have to go through the thing again no matter how good a case you have made for yourself.

the prosecutrion will usually charge with the highest charge they can get a way with chargeing, then try to plea down without a trial. then they can take you to court on the higher charge or take to court on a lower charge. then they can instruct the jury to find you guilty on an even lower charge if not the one you are tried on.

i'm not saying that tony will go to trial or that if so he will be found guilty. his best bet at this time in my opinion is a trial because it is very possible to get the grand jury to find cause to continue. if they don't then he is lucky.

to indy and beyond!!

Through further analysis, it seems to me that some kind of indictment or charges will be likely. Simply because of the system. However, proving his guilt is a whole other story. Stewart and his attorney's will no doubt build a strong defense case! It wouldnt surprise me either if a plea deal is taken, simply to avoid the risks of jail time and potentially an unfair trial. Just like the grand jury, in a trial jury, you will be dealing with mostly folks that dont have a clue about how a sprint car operates! Kind of a scary thing. Again, this is assuming he gets some kind of indictment.

if you are not guilty and didn't do anything wrong, don't take the plea. make them prove it.

to indy and beyond!!

It would have been a lot easier to just hit the brakes.

http://sports.yahoo.com/news/tony-stewart-faces-tense-days-ahead-as-grand-jury-considers-possible-indictment-211137969.html

 
 
 
They don't even know how to spell sprint car 
much less chromoly...http://www.ycmco.com