TS Investigation Complete, Grand Jury this month

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HardScrabble

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From the Bristol Herald Courier

Sep 10, 2002

Tony Stewart investigation to be turned over to prosecutors Monday
by ANDREA HOPKINS
Bristol Herald Courier

BLOUNTVILLE -- Sullivan County investigators have wrapped up their probe of Tony Stewart, but the NASCAR driver will wait another two weeks to learn if he will be charged with assaulting a fan at Bristol.
"The investigation is pretty much finished except to turn it over to (prosecutors)," Sullivan County Sheriff Wayne Anderson said Tuesday. "It will be turned over on Monday."

Prosecutors have said the case will be presented to a county grand jury at the end of the month; the grand jury will decide whether to issue an indictment in the case.

Meanwhile, Anderson has made public an incident report filed by Deputy Shane Christian -- the officer who said he witnessed the encounter between Stewart and 30-year-old Amy Shaffer of Napier, W.Va.

Christian wrote that he saw the 31-year-old NASCAR driver shove Shaffer against a race trailer at 11:30 p.m. after the running of the Sharpie 500 on Aug. 24 at Bristol Motor Speedway. He filed the report four days after the alleged incident.

"He took his left arm and shoved her out of the way. The female's back struck the Home Deport car hauler and she appeared to trip over either tires or rims that were lying at her feet," Christian wrote.

Stewart yelled an obscenity and told the woman to get out of his way, Christian wrote.

The deputy said he spoke with Shaffer immediately after the incident and asked if she wanted to charge the driver, according to the report.

"She advised she did not want to go to that extreme at that time. She stated she would take it up with NASCAR and Mr. Stewart's car owner," Christian wrote.

Shaffer apparently was unharmed in the incident, authorities have said.

The sheriff continued Tuesday to defend Christian's decision not to attempt to question Stewart or arrest him that night.

"Officers are not required to make an arrest immediately on a misdemeanor charge," Anderson said.

The deputy also knew Stewart's identity so he did not need to question him at that time to learn it, the sheriff added.

The probe of Stewart was launched two weeks ago after Shaffer contacted investigators and said she wanted to pursue the matter, the sheriff said earlier. Investigators have interviewed nine people -- including Stewart and his race team -- who were questioned in Richmond as they prepared for last weekend's race, the sheriff said.

Stewart, who was already on probation with Joe Gibbs racing and NASCAR for reportedly pushing a photographer at Indianapolis, has denied assaulting the woman.

"I am confident that once the investigation is complete, I will be cleared of any and all accusations," Stewart told the Richmond Times-Dispatch. "I will say, however, that I did not assault anyone. In fact, I am shocked and truly at a loss as to why someone would make such an allegation."

Gibbs and NASCAR officials have said that they are supporting Stewart while the probe is conducted.
 
From my experience, if it's going to the Grand Jury, then the prosecutors are seeking an indictment, which means they feel they have enough to proceed with criminal charges. The Grand Jury can reach two conclusions: A True Bill, which means there is enough evidence present to warrant at very least a hearing on the matter. This would mean the charges have been placed and at very least Tony will have to face them at some level. The other option is a No True Bill, meaning the Grand Jury does NOT find sufficient evidence that a crime has been committed and that Tony is the likely perpetrator of said crime. If that is the finding, end of story.
 
Drawing upon your experience TWF,

Would the facts that:

1) The woman filed a complaint
2) Deputy Christian filed an incident report

Provide sufficient prima facie evidence to warrant a presentation to the Grand Jury? Or would it be within the discretion of the prosecuters to decline a presentation at this point?
 
What a waste of time. They can't charge him with anything serious, she wasn't hurt. He didn't cause any injury. What are they going to charge him with?
 
Its gonna be hard for him to clear himself if a deputy saw the incident......unless the deputy is making it up also......



What do Tony Stewart and Martha Stewart have in common?

Ok....nevermind. Bad joke. ;)
 
Originally posted by HardScrabble

   Meanwhile, Anderson has made public an incident report filed by Deputy Shane Christian -- the officer who said he witnessed the encounter between Stewart and 30-year-old Amy Shaffer of Napier, W.Va.

   Christian wrote that he saw the 31-year-old NASCAR driver shove Shaffer against a race trailer at 11:30 p.m. after the running of the Sharpie 500 on Aug. 24 at Bristol Motor Speedway. He filed the report four days after the alleged incident.

   "He took his left arm and shoved her out of the way. The female's back struck the Home Deport car hauler and she appeared to trip over either tires or rims that were lying at her feet," Christian wrote.  

   Stewart yelled an obscenity and told the woman to get out of his way, Christian wrote.

   The deputy said he spoke with Shaffer immediately after the incident and asked if she wanted to charge the driver, according to the report.

   
Click to expand...


So, if I see someone push you or"shove" you that's not assualt and battery?

I'm just saying that if the deputy did see it and the lady wants to pursue charges, its going to be hard for Tony to get out of it. A&B is a misdemeanor and true, you don't have to make an arrest on the scene. But why would the deputy make this up.

It sounds like this woman wants to settle out of court or something.....maybe something like "hush money".
 
Drawing upon your experience TWF,

Would the facts that:

1) The woman filed a complaint
2) Deputy Christian filed an incident report

Provide sufficient prima facie evidence to warrant a
presentation to the Grand Jury? Or would it be within the
discretion of the prosecuters to decline a presentation at
this point?


Sorry for the delay, was having lunch with the prettiest girl in Greene County...

These two events could indeed be enough to proceed on their own. I wish I could say that justice truly is blind, but I know better. In a high profile case such as this, everyone will be CYA to the nth degree. Speaking in general terms, however, if it gets to the Grand Jury, the prosecutor is ready to go forward.





Prosecutors would rather lose a case then not present one
at all.

Not necessarily true. They make the determination before the Grand Jury presentation. If the DA determines after the investigation that a No True Bill is very likely, they will usually not present the case. Think about it....they are responsible for prosecuting every case that comes across the desk. Why waste time and resources if the likelihood is that the situation does not warrant prosecution in the first place?

The function of a Grand Jury is not to determine guilt or innocence. It is merely to determine if A) a crime was committed at all, and B) if the suspect in question is responsible to a reasonable likelihood. Reasonable likelihood is defined as "to the standard that a reasonable person would decide". If the individual in indicted, the case goes to prosecution, maybe a trial maybe a judicial hearing, maybe a plea bargain. If it goes to a jury trial, the burden of proof goes from reasonable likelihood to reasonable doubt, defined as "to the standard that a reasonable person could find no other plausible explanation." Big difference.

All of this means very little in the real world, however. If the Grand Jury indicts Tony, this will all be settled out of Court for a handsome figure. At worst, Tony would be looking at a suspended sentence, a fine, possibly some community service, and probation. It is a misdemeanor offense, so the punishment must by law be under one year. He'll get a lot less than that. NASCAR means too much to Sullivan County for them to go throwing the drivers in jail.

So Paul, do I get a stipend as the Official Forums Legal Counsel? :D
 
Originally posted by fergy1370
So, if I see someone push you or"shove" you that's not assualt and battery?

I'm just saying that if the deputy did see it and the lady wants to pursue charges, its going to be hard for Tony to get out of it. A&B is a misdemeanor and true, you don't have to make an arrest on the scene. But why would the deputy make this up.  

It sounds like this woman wants to settle out of court or something.....maybe something like "hush money".
Click to expand...

If an police officer arrests someone for drunk driving and the person gets found not guilty in court, does that mean that the person was still drunk driving?
 
Originally posted by Hardscrabble  


So Paul, do I get a stipend as the Official Forums Legal Counsel?   :D
Click to expand...

Yes, you get a free post, you can use it anytime you like!
 
I think that Tony was in a hurry to get to his trailer after the race, and the woman got in his way...he may have excused himself , then maybe she was a RUDE fan and wouldn't let him by. He than in frustration pushed her, and she DRAMATICALLY hit the trailer and fell. She knew that Tony was a target after his problems with the photographer, and that this would get her exposure. Crazy Fans SUCK!
 
you can get charged with assault by simply touching someone....i know its BS but its the law....sucks doesnt it.

u know Rusty Wallace nearly stepped on top of me once at Martinsville, but i got out of his way.......why couldnt she get out of his way?
 
You can get charged, yes, being charged with something does not mean you did it.
 
He can easily be found not guilty. They have to have all the elements of a crime. The prosecutor has to prove it was intentional.
 
Semi-true, coonhound. To prove assault, intent to do harm must be present. There is a lesser included offense if intent cannot be proven. That offense would be reckless endangerment.

Why the hell didn't I go on to law school?
 
I had some constitutional law classes 8 years ago, I kind of remembered a bit. I am in Pre-law now so, I'll get this all figured out.
 
Originally posted by paul
If an police officer arrests someone for drunk driving and the person gets found not guilty in court, does that mean that the person was still drunk driving?
Click to expand...


Just because the person doesn't get convicted, doesn't mean he/she didn't do anything. Could have gotten off on a technicallity (sp i know).

Believe me, I really hope this is getting blown out of proportion. TWF is right about the "intent" has to be present and proven. But if he screamed at her like it was said, that could be enough.

And I have seen "victims" get very dramatic sometimes to make a point that doesn't even exist.
 
So, does that also mean the officer saw it, the woman wasn't even thinking of doing something until he went to her and asked if she'd like to press charges? The officer KNEW who he was (Tony) so didn't need to talk to him at that time. Hmmmm!!! Other things to ponder....
 
"She advised she did not want to go to that extreme at that time. She stated she would take it up with NASCAR and Mr. Stewart's car owner," Christian wrote.


Did she think they would pay her to keep it out of the courts? It kind of sounds that way!
 
Originally posted by ksurocks
"She advised she did not want to go to that extreme at that time. She stated she would take it up with NASCAR and Mr. Stewart's car owner," Christian wrote.


Did she think they would pay her to keep it out of the courts?  It kind of sounds that way!
Click to expand...
GOOD POINT!
 
OK, we are at Bristol. Small infield. 43 haulers parked in a double row nose to nose. 2 1/2 - 3 feet between each hauler.

Tony and 4-5 of his group are heading into this 3 foot space between the haulers and find the woman and her husband already in that space. (Why were they there in the first place?)

So that 3 foot space is packed by 7-8 people. That's pretty tight quarters. Yet, the deputy had a clear view of what happened when the woman would have been obscured from his view by 6-7 people? Was the deputy on top of another hauler looking down? That's the only way I can think of that would have allowed him to see everything clearly.

The 4-5 people with Tony have said that he didn't do anything. They have given a statement to the police. So if they are lying, they can be charged with making a false statement to police. Would they all risk going to jail for Tony?

I'm GUESSING that the woman tripped over something between the haulers as Tony pushed BY her. The deputy may have seen her get up afterward and assumed Tony (due to his hot head rep) had assaulted her and knocked her down. The deputy said that Tony used his arm to push by. Not his hand. That indicates to me that he was just trying to get by and wasn't intending to PUSH the woman. In a crowded area, I have used my arm as sort of a bumper many times in order to make a path to get through.

Until I see facts to the contrary, Tony is innocent.
 
I was at a "driver show" one night here in Vegas and got brushed aside by Don King.:D
 
Gantstheman, that's about the most logical theory I've heard yet on this issue!

(along with the theory the woman was going to try and get some hush money from Gibbs...)
 
Originally posted by Gantstheman
OK, we are at Bristol.  Small infield.  43 haulers parked in a double row nose to nose.  2 1/2 - 3 feet between each hauler.

Tony and 4-5 of his group are heading into this 3 foot space between the haulers and find the woman and her husband already in that space. (Why were they there in the first place?)

So that 3 foot space is packed by 7-8 people.  That's pretty tight quarters.  Yet, the deputy had a clear view of what happened when the woman would have been obscured from his view by 6-7 people?  Was the deputy on top of another hauler looking down? That's the only way I can think of that would have allowed him to see everything clearly.  

The 4-5 people with Tony have said that he didn't do anything.  They have given a statement to the police.  So if they are lying, they can be charged with making a false statement to police.  Would they all risk going to jail for Tony?

I'm GUESSING that the woman tripped over something between the haulers as Tony pushed BY her.  The deputy may have seen her get up afterward and assumed Tony (due to his hot head rep) had assaulted her and knocked her down.  The deputy said that Tony used his arm to push by.  Not his hand.  That indicates to me that he was just trying to get by and wasn't intending to PUSH the woman.  In a crowded area, I have used my arm as sort of a bumper many times in order to make a path to get through.

Until I see facts to the contrary, Tony is innocent.
Click to expand...
You make a Valid point too!
 
I don't understand how these people got into the hauler area in the first place. At MIS, I have pit passes but the haulers are off limits to fans. Has anyone checked into if she was out of bounds by being THERE in the first place? It sounds like a set-up. She obviously doesn't like Tony, or she wouldn't be doing this to him. So what business did she have near his hauler anyway? She is definitely just after some money. I think Tony should counter-sue for all he can get...libel...slander...falsifying a statement...etc. Maybe if she makes a quick buck off Tony, she can upgrade to a double-wide. :(
 
Maybe if she makes a quick buck off Tony, she can upgrade to a double-wide.

Thats exactly what I've been thinking!

TnWard,I think I would have just gone ahead and farted in the crowd.

And then you blame the wife :)
 
I had to laugh at the columnist who wrote an article about this incident on nascar.com. His comment goes something like this:
"smells like a 10-day old fish in 98 degree weather". That statement is befitting this. I don't think I could have come up with anything better to summarize the position that Tony is in.

I hope this blows up in this woman's face!!!:mad:
 
Originally posted by 2012fan
I don't understand how these people got into the hauler area in the first place.  At MIS, I have pit passes but the haulers are off limits to fans.  Has anyone checked into if she was out of bounds by being THERE in the first place?  It sounds like a set-up.  She obviously doesn't like Tony, or she wouldn't be doing this to him.  So what business did she have near his hauler anyway?   She is definitely just after some money.  I think Tony should counter-sue for all he can get...libel...slander...falsifying a statement...etc.  Maybe if she makes a quick buck off Tony, she can upgrade to a double-wide.  :(
Click to expand...

Not trying to be a smart ass, but this ain't MIS, it's Bristol. The pits IS the hauler area. I have been in Bristol's pit; you have to go outside the pits to pass gas it's so cramped. The motor homes are outside the track in an off-limits area, but the haulers, a driver's only refuge except the driver lounge in the pit area, are jammed in tighter than ticks. The driver lounge is probably inaccesible to a driver immediately after a race as it is located just behind the front pits. At Bristol, a lot of cars fall out. There is no garage area, so these cars end up...you guessed...right behind the pits.

As to her living arrangements, neither you nor I know what they are. Ditto her personal feelings about Tony Stewart.

Don't misunderstand me; I think she's a gold digger as well. The main reason, IMO, she told the officer she didn't want to file charges "at this time" was so she could retain a good attorney. One who can sniff a Civil War penny out of the ground. But facts is facts, and I wanted to add a few details to your theory. :)
 
TnWard,I think I would have just gone ahead and farted in the crowd.:D
 
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