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

 This is not the first time someone has been killed because they were on the track..  Years ago the flagman at Calistoga
came down on the track during during a caution because the cars were not lined up in the right spots, he was hit and killed. Also the promoter at a track in Washington was hit and killed doing the same thing.  I seen a pit crew person try to cross a track during a caution at San Jose Speedway get hit and killed..  A pit crew member was killed by a car coming into the pits during the Copper World at PIR a few years ago... Never heard of of any charges filled in any of those cases..   People seem to forget the drivers vision on the right side is limited on a wing sprint car and more so if the track is banked.  I have read posts on different sites and i would say most of those have never been to a sprint car race at a dirt track..  All this happened because a young man did not use better judgement which cost him his life.  

You are correct on pretty much everything you state.  All of your points are exactly why I think they will at least try to press charges against him. 

Now, as far as needing to be found guilty in order to go to civil trial?  Remember, O.J. was found innocent in the criminal trial.  Then, he started all over and was found guilty the in the civil trial.  If he were guilty in the civil trial, then the judge believes he was at the crime scene, correct?  Tony was at the scene--this cannot be denied.  If no criminal charges are pressed, the family will (if they already haven't) file a civil suit. 

All good points though racin buddy

I'm not trying to be correct, in fact I hope I am not.

As far as a civil case goes I believe I said I think it would be more difficult if no criminal charges are filed. I never said anything about being found criminally guilty or not.

Just my opinion but if the authorities don't find any criminal cause to file on Tony and no criminal case is brought, then it may be more difficult to press a civil case. I don't know.

I don't know how the law works there.  From what I remember of the OJ case, the criminal and civil cases were both completely separate affairs in California.  I don't think the outcome of one had any eff thaect on the other.  I would be interested to see how that works in this case.     

I believe the pit crew member hit was at Baylands in Fremont. One of the main resons the track was closed

the reason baylands was closed is because developers thought they were going to turn it into a business park.

to indy and beyond!!

You may be correct as to which track since that was quite some time ago..  Regardless i was there and seen it happen.
I was also at Calistoga when the flagman was killed, in those days Narc still was runing non wing at Calistoga because Louie Vermeil was still the head honch there and was no fan of wing racing at that time, although he did change his mind later. We all know that a non wing the driver has better vision than in a wing car, but still accidents did happen..  I would also think that a driver probably has plenty other things going through his mind when under caution and least expects to see someone walk in front or come along side him on foot.. 

I really don't think there will be any charges against Tony, however there most likely be civil action and if that happens it could be hard to prove also, and the young man also may be responsible a certain percentage of what caused the accident by his actions, at least thats the way it usually works in Ca. NY laws maybe be different.. In my mind i think it will be a settlement out of court.

If the car in front of Tony would have hit Mr.Ward it would have been over.A terrible accident that could have been avoided.Tony will think about this for the rest of his life and nothing will help the hurt in his heart.The winners in most lawsuits are the lawyers

NY DA sends Tony Stewart case to grand jury.

Sad to say I figured those people were after him.

I'm no legal expert certainly, but doesn't a grand jury determine if charges will be brought against someone?  I don't think that mean charges will be filed just because it is going to a grand jury.

Yes a Grand Jury determines if the defendant should be indicted on the charges.  However, even if the Grand Jury decides not to indict, the prosecutor can still file the charges.

It's part of due process.

Actually if the DA wanted to indict they could have just done it with out going to the grand jury.

The DA could have done a "direct indictment" and filed charges on their own.

What everyone is doing here is passing the buck. They passing it off to the next phase so they don't have to be responcible.

The locals passed it off so they couldn't be blamed for letting Tony off. The DA passed it off to the grand jury.

No one wants to be the one to make a desicion.

So we will see if the grand jury passes the case off to a trial jury.

If the DA felt he had sufficient evidence to charge Tony, he wouldn't have sent this to the Grand Jury, he'd have indicted Tony on his own (which is how a lot of charges are filed).

By sending to the Grand Jury he is no longer the "fall guy" if Tony is not indicted (which IMO, he won't be as if the evidence was there, the DA would have had a big Press Conference announcing that they would be charging Tony and issueing a warrant for his arrest).

That WAS at Baylands and I was there that night. The guy tried to run across the track in turn one when cars were on it which never should have happened. The driver that hit him had to think about it the rest of his life and he is still alive. No charges were filed. Baylands closed because Terry Kniss was and is a smart business man. The land was worth a significant amount of money and I'm sure getting sued for various incidents to that point played a factor in the decision. The cost and risk of ongoing operations vs. a known amount associated with a sale would have been a no brainer for just about anyone.

So the DA says that he will present facts to the Grand Jury in the near future...does anyone with knowledge as to how this process works know if near future means a few days from now, a few weeks from now, a month from now, ect?

The Flagman was also killed at Fremont in OH back in the 90's, I think it was on opening night when Ken Langhals ran the place.  I was standing with Ken in the infield when it happened and also unfortunately had pictures of the event....

I agree about not wanting to be the 'fall guy".

The thing is with a grand jury all the "evidence" is presented against the accused by the prosecution. The defence doesn't get a chance to present their side.

Believe me they will have testimony from people who say Tony tried to intimidate Ward. They will explain any video from the prosecution point of view. They will use everything they can to promote their case, and their case is all that will be heard. The grand jury doesn't have to

You ever heard of the saying that a grand jury could indict a ham sandwich. We all know Tony is a ham!

This thing has evey potential to be decided in a jury trial.

It all depends on when the grand jury conveins. When that would be I don't know.

I also don't know if they have to select a grand jury or if they Have people sitting on it already.