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.' Sostilio's conviction was upheld on appeal by the Massachusetts Supreme Judicial Court. Bishop's car flipped three times and he was killed. 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. 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. So Stewart would not expect to be charged for the car-on-car bump that sent Ward spinning into the wall. But sometimes an act is so far outside the bounds of accepted sporting behavior 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. '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.Īthletes 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. 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. Ontario County Sheriff Philip Povero, who announced 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.īut legal experts agree that does not mean Stewart is in the clear. with his sprint car, even if the three-time NASCAR champion didn't mean to kill Ward, hurt him or even scare him. NEW YORK (AP) - Tony Stewart could still face criminal charges for running down Kevin Ward Jr.

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