On Saturday, race car driver Kevin Ward Jr. died after being struck by a car driven by NASCAR star Tony Stewart during a race in Canandaigua, New York.
As of Monday afternoon, Stewart, 43, is not facing criminal charges stemming from the incident, although law enforcement officials have said that their investigation is continuing.
That raises the question of what crimes, if any, Stewart could be charged with pending the results of the investigation.
“This is an ongoing investigation and we will continue to review video and other evidence as well as conduct interviews and also wait for the result of the autopsy,” Ontario County Sheriff Philip Povero told reporters. “The district attorney’s office has been notified. When this investigation is completed we will review it with them.”
Video of the incident appears to show Ward’s car crash into a wall on the second turn during the fourteenth lap of the 25-lap race, which featured sprint cars that employ wings that help them to remain upright. In the video, Ward, 21, left his car and walked into the track, where he appeared to point angrily. One car swerved to avoid hitting Ward. Stewart’s car then struck and killed Ward.
“It’s not a good idea to get out of your car and run towards other cars,” Paul Kinney, another driver in Saturday’s race, told NBC News. “But nobody can speak for Tony. Only Tony knows exactly what happened.”
Under New York law, a person can be convicted of murder in the second degree if he intentionally causes the death of another person. A person is guilty of manslaughter in the first degree if he causes the death of another person while intending to cause serious physical injury.
A person is guilty of manslaughter in the second degree if he causes the death of another person as a result of acting recklessly, which means that he consciously disregards a substantial and unjustifiable risk of death.
New York also recognizes criminally negligent homicide, which occurs if a person should have been aware of a substantial and unjustifiable risk of death as a result of his actions.
Any charge stemming from the incident will turn on whether prosecutors conclude that Stewart acted intentionally, that is, that he intended to kill Ward.
Stewart may have tried to brush Ward away by, possibly, spinning out so as to swipe Ward, who wore a dark helmet and racing suit. The video appears to show Stewart revving his engine, which, as NPR has observed, has touched off a debate among some viewers whether Stewart intended to control his car or to intimidate Ward.
If Stewart tried to physically harm Ward he could be liable for first-degree manslaughter, but again, that will turn on Stewart’s intent, which we do not know. If Stewart sought to frighten ward, he could be charged with second-degree manslaughter or criminally negligent homicide.
Even if officials clear Stewart of criminal wrongdoing in the incident, Ward’s parents would likely be able to file a civil lawsuit against Stewart on behalf of their son, charging Stewart with both battery and negligence. That claim would, in essence, be the lawsuit that Ward could have filed had he survived.
Ward’s parents also may sue Stewart for wrongful death. The suit would allow his parents to recover their pecuniary loss, including loss of earnings and funeral and medical expenses.
As the Sporting News notes, Stewart was involved in another wreck at Canandaigua last July in which racer Alysha Ruggles suffered a broken back. Stewart accepted the blame for the accident.
Ward is slated to be buried this Thursday near his hometown in upstate New York.