Tony Stewart could still face criminal charges for running down Kevin Ward Jr. 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. San Francisco Giants Jerseys
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. - Andrew McCutchen went 4 for 5 and finished a home run short of a cycle, and Jordy Mercer drove in a career-high four runs to lead the Pittsburgh Pirates to an 8-2 rout of the Philadelphia Phillies on Friday. SYRACUSE, N.Y. -- North Carolina has beaten Michigan State, Kentucky and reigning national champion Louisville in this up-and-down season, but the Tar Heels were no match for No. 2 Syracuse. A strong start keyed by James Michael McAdoo vanished amid the Oranges flailing arms and diving bodies, and Syracuse beat UNC 57-45 on Saturday in an Atlantic Coast Conference marquee matchup. Forwards C.J. Fair and Jerami Grant combined for 32 points and 20 rebounds to pace the Orange, who shot a season-low 35 per cent (21 of 60) and still won handily, leading by as many as 19 late in the second half. "They got by and won a game shooting 35 per cent," said UNC coach Roy Williams, who dropped to 1-4 against Syracuse in his Hall of Fame career. "The first six or eight or 10 minutes, I thought we were aggressive. We were involved. I thought after that point they were just so much more aggressive than we were. It ends up a 12-point game, but it really was more than a 12-point game. "They had so much more intensity than we did." Not at the start. North Carolina attacked the middle of the Syracuse zone with great success at the outset, with McAdoo hitting a pair of jumpers and J.P. Tokoto another from the foul line as the Tar Heels gained an 8-4 lead in the first 4 minutes. "We started slow, let McAdoo get in the lane," Syracuse coach Jim Boeheim said. "Once we got back in front, our defence was good the whole game." The Orange regrouped after a timeout and went on a 17-5 run keyed by Fair and Grant, who did all the scoring. Fair, who had three early turnovers and was struggling at the start, hit a 3 from the wing and converted three free throws to give Syracuse a 19-15 lead, and two free throws by Grant completed a 10-0 spurt that put the Orange on top to stay, 21-15 at 8:53. The Tar Heels cooled off in a big way after the solid start, unable to penetrate inside. After Paige converted a three-point play with 13:04 left, UNC got only a fast-break slam dunk by McAdoo, a layup by Nate Britt and a jumper in the lane by Leslie McDonald in the ensuing 11 minutes and went into the locker room at halftime trailing 34-22. "Forr us, not being able to get looks -- we were successful early in the game.dddddddddddd Thats really on us, McAdoo said. "And also them being really good." Syracuse (16-0, 3-0 ACC) evened its all-time record against the North Carolina (10-6, 0-3) to 4-4. UNC started 0-2 in ACC play three times in the past five years and five times overall, and the loss to Syracuse equaled the worst conference start in school history in 1996-97, Dean Smiths final year as head coach. The last time North Carolina scored fewer than 45 points was in a 56-44 loss to eventual national champion Villanova in the Southeast Regional final of the 1985 NCAA tournament. The Tar Heels also beat North Carolina State 45-44 in February 1997. UNC shot 2 of 12 from behind the arc against the Syracuse zone and 20 of 51 (39.2 per cent) overall and was outrebounded 41-35, 17-10 on the offensive glass, netting just two second-chance points. "They were just playing harder," said Tokoto, who finished with three points on 1-of-6 shooting. "Thats pretty much what it was. We couldnt knock down the shots we needed to make and go on our run." The Tar Heels dont play again for a week, when they host Boston College. "Cant go backwards," Tokoto said. "Its on to the next game. Just got to look at the film, look at what we did wrong as a team, and where we can improve on." North Carolina was coming off a 63-57 home loss to Miami in which the Tar Heels shot just 31 per cent (20 for 65) and finished with a season-low scoring output against Miamis zone. This game, which featured teams with a combined 3,990 wins (UNC is third with 2,100 and Syracuse fifth with 1,890) was decided by a dominant first half by the Orange. Tyler Ennis finished with 10 points and seven assists to go with a season-high four turnovers, and Trevor Cooney had five steals and 10 points on 4-of-17 shooting. Rakeem Christmas contributed eight rebounds and had four of the Oranges nine blocks. Marcus Paige led North Carolina with 17 points and McAdoo had 15 points and nine rebounds. Desmond Hubert suffered a concussion in practice Friday and did not play against Syracuse. Cheap Jerseys From China Wholesale Jerseys Free Shipping Wholesale Jerseys Free Shipping Wholesale Jerseys 2019 Jerseys Wholesale Wholesale Jerseys From China NFL Jerseys Wholesale
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