Tony Stewart running over someone?

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I was always under the impression that if a case goes to a grand jury the DA would be trying to prove a certain charge is worthy of pursuit of full criminal charges. meaning the DA goes in front of them and says we think he is guilty of this charge and here is why. whereas if there are no charges they wish to persue they don't go to the grand jury. perhaps it really is just a CYA on the DA's part and they don't intend to be vigorous in proving anything and are just seeking a rubber stamp from the grand jury.
 
hidesert cowboy said:
I was always under the impression that if a case goes to a grand jury the DA would be trying to prove a certain charge is worthy of pursuit of full criminal charges. meaning the DA goes in front of them and says we think he is guilty of this charge and here is why. whereas if there are no charges they wish to persue they don't go to the grand jury. perhaps it really is just a CYA on the DA's part and they don't intend to be vigorous in proving anything and are just seeking a rubber stamp from the grand jury.
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Small community probably has something to do with DA deciding to punt decision on charges to a grand jury. If he says no charges, residents could take it out on him in the next election.
 
FenderBumper said:
Small community probably has something to do with DA deciding to punt decision on charges to a grand jury. If he says no charges, residents could take it out on him in the next election.
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Looks like he, Ontario County District Attorney R. Michael Tantillo, was reelected to a four year term in 2013. He ran unopposed for his 7th straight term. He's held that position since 1989.
 
I still do not think charges will be laid. If somehow things get topsy turvy and they do, motorsport everywhere will feel the pain.
Personally I think this is a racing tragedy, not a murder or manslaughter case.
 
DanicaFreak said:
I still do not think charges will be laid. If somehow things get topsy turvy and they do, motorsport everywhere will feel the pain.
Personally I think this is a racing tragedy, not a murder or manslaughter case.
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This has probably already been said numerous times in this thread, but I don't think that whatever happens from here on out will even matter to most people unless something really crazy goes down, like Tony getting booked for murder, which obviously ain't happening. Most people have long since made up their minds about this incident one way or another and have already found him innocent or guilty. A jury's verdict, if this thing even goes to trial, probably won't make much difference to them.
 
This whole deal is like a bad nightmare, my enthusiasm for NASCAR has basically gone up in Smoke. It's still tough to believe this is happening when these NFL player's get away with everything under the sun and Tony was just doing something he loves. Just don't make no sense.
 
Reck said:
That's a pretty awesome lecture. I remember seeing this video years ago. So much truth.
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Five bucks says that Tony Stewart talked to the police right away after the accident. Which may end up hanging him TBH.
 
ChexOrWrex said:
What is his other option? To be non-cooperative? That would raise even more eyebrows. Tony is doing the right thing.
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Because some bus stop lawyer on YouTube told me not to talk to police ever and you don't even need to raise your hands if they point their gun at you and I like to keep a little pot in my backpocket (hey it's legal in Colorado now) so I'm an internet lawyer and **** the police, I'm never talking to them ever and Tony Stewart should have done the same.

/sarcasm
 
KevinWI said:
Because some bus stop lawyer on YouTube told me not to talk to police ever and you don't even need to raise your hands if they point their gun at you and I like to keep a little pot in my backpocket (hey it's legal in Colorado now) so I'm an internet lawyer and **** the police, I'm never talking to them ever and Tony Stewart should have done the same.

/sarcasm
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Did you watch even a minute of that clip? Might save you some trouble imo.

Obviously not saying Tony should have or shouldn't have talked to police. He did the right thing in doing so but THERE is such a thing as beeing too cooperative.
 
Reck said:
Did you watch even a minute of that clip? Might save you some trouble imo.

Obviously not saying Tony should have or shouldn't have talked to police. He did the right thing in doing so but THERE is such a thing as beeing too cooperative.
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I've seen that clip, it's been around forever. There's another clip somewhere I can't find at the moment of a police officer explaining why that clip is total bull**** and only going to get you in more trouble.
 
Wingnutcnc said:
This whole deal is like a bad nightmare, my enthusiasm for NASCAR has basically gone up in Smoke. It's still tough to believe this is happening when these NFL player's get away with everything under the sun and Tony was just doing something he loves. Just don't make no sense.
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I'm not trying to be antagonistic here, but this statement doesn't seem based on logic or reality. Which NFL players have succeeded in getting away with what exactly? Unless we're talking about Wes Welker doing a little Molly during the off-season, it would seem that the players drawing the most ire for terrible off-field behavior are being forced to sit down regardless of what the criminal justice system determined.

Tony Stewart (who I believe is likely innocent) is lucky he is not in the NFL. He is lucky the media scrutiny is not nearly as strong in NASCAR. There is no way in hell an NFL player under grand jury investigation for the intentional or negligent taking of another life would sniff the field.
 
Reck said:
Did you watch even a minute of that clip? Might save you some trouble imo.

Obviously not saying Tony should have or shouldn't have talked to police. He did the right thing in doing so but THERE is such a thing as beeing too cooperative.
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I think you missed the sarcasm tag.
 
gnomesayin said:
I'm not trying to be antagonistic here, but this statement doesn't seem based on logic or reality. Which NFL players have succeeded in getting away with what exactly? Unless we're talking about Wes Welker doing a little Molly during the off-season, it would seem that the players drawing the most ire for terrible off-field behavior are being forced to sit down regardless of what the criminal justice system determined.

Tony Stewart (who I believe is likely innocent) is lucky he is not in the NFL. He is lucky the media scrutiny is not nearly as strong in NASCAR. There is no way in hell an NFL player under grand jury investigation for the intentional or negligent taking of another life would sniff the field.
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Look up Donte Stallworth, Ray Lewis and there are a few others whose names escape me right now. Every major news source in the country were all over this and had Smoke convicted less than 10 hours after this incident.
 
(un) Luckily as another poster mentioned the NFL is embroiled in controversy after controversy
Stewart will prob take a back seat for now
 
DanicaFreak said:
(un) Luckily as another poster mentioned the NFL is embroiled in controversy after controversy
Stewart will prob take a back seat for now
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This is what happens when all the decision making power is given to one single brain.
 
KevinWI said:
I've seen that clip, it's been around forever. There's another clip somewhere I can't find at the moment of a police officer explaining why that clip is total bull**** and only going to get you in more trouble.
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So a police officer is saying that a video on why you shouldn't talk to a police officer without talking to your attorney is bull****. Hmmm...I'm sure he doesn't have any biases or ulterior motive.
 
The Constitution protects your rights to prevent your own incrimination. Via Miranda rights and right to counsel whether self-employed are supplied by the county, state or what have you. It's been that way for years and years. That YouTube clip(old ass clip btw) says nothing you shouldn't already know. There is a difference between incriminating yourself, and cooperating with the authorities. IMO, if you have nothing to hide, cooperation can't hurt you. People that are outraged by the police as Big Brother trying to infringe on their rights are often breaking the law and can't take accountability for their own dumbass actions.
 
The Nature Boy said:
Yeah yeah, the organizational structure of NASCAR makes removing France a virtual impossibility but it's a nice pipe dream.
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Nah, it could happen. His sister and uncle still own stakes in the company. They could get tired of his bull**** and 'fire' him. It happened in IndyCar. Tony George ran IMS and IndyCar for his mother and sisters (all on the board of directors) and eventually they got so tired of him pissing away the family fortune he was fired by his own family.

Granted, might not happen until NASCAR is losing money like IndyCar was.
 
hawg dawg said:
thought maybe "don sterling hostile takeover " was bein taught now ? :D
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The Frances have a pretty "hostile takeover" proof outfit. Even you had him "fired" from being CEO, he still owns enough shares to have influence. You'd have to fire him and then get him to divest his shares in the company. If NASCAR were a public company, a shareholder could probably file a derivative lawsuit against France. NASCAR's board would then have to appoint a "special litigation committee" to investigate France and that could shut the suit down (it's more complicated that that but go with it). In the event however that he got past THAT barrier and went to court, France would likely have the benefit of the business judgment presumption. Courts generally assume that the CEO of the company is acting in the best interest of the company and you have to prove that they're not.

Like I said, pipe dream.

Kevin's scenario is the most likely scenario for getting Brian out of power.
 
The Nature Boy said:
The Frances have a pretty "hostile takeover" proof outfit. Even you had him "fired" from being CEO, he still owns enough shares to have influence. You'd have to fire him and then get him to divest his shares in the company. If NASCAR were a public company, a shareholder could probably file a derivative lawsuit against France. NASCAR's board would then have to appoint a "special litigation committee" to investigate France and that could shut the suit down (it's more complicated that that but go with it). In the event however that he got past THAT barrier and went to court, France would likely have the benefit of the business judgment presumption. Courts generally assume that the CEO of the company is acting in the best interest of the company and you have to prove that they're not.

Like I said, pipe dream.

Kevin's scenario is the most likely scenario for getting Brian out of power.
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ie ......don sterling....nba
brian.... rta

plus....voting vs non voting class shares
 
The Nature Boy said:
Yeah, Class A vs. Class B shares are certainly an issue. A smart businessman keeps enough voting shares to ensure that he remains in power as he uses an IPO as a revenue generator.
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common / preferred

hey nb .....whole point was rta will never have nba type power .
 
hawg dawg said:
common / preferred

hey nb .....whole point was rta will never have nba type power .
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Class A and Class B share deal more with voting, common and preferred deal with revenue sharing.

But yeah, the RTA will never have NBA power. But the Sterling example is only valid when it comes to other team owners. If Rick Hendrick had said that he would never hire a black driver, the other team owners couldn't force him to sell. In the NBA, Hendrick could be forced to sell. In this scenario, we would want NASCAR to be organized like the NBA/NFL/MLB where the owners vote to hire and fire the head of the league. Roger Goodell's continued employment shows that even that isn't a foolproof system. The best that we can hope for though is Kevin's scenario where France's own family fires him. The RTA could apply pressure.
 
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