NEW YORK (WFAN) — A prominent criminal defense attorney says there’s “no scenario where Tony Stewart is getting charged with a crime” after the three-time NASCAR champion hit and killed a fellow driver during a dirt-track race in upstate New York.
A video uploaded to YouTube following Saturday night’s race at Canandaigua Motorsports Park showed Kevin Ward Jr. getting out of his car to confront Stewart after being spun out on the track. After a near miss by another driver, he was struck and flung by the rear of Stewart’s car.
Ontario County Sheriff Philip C. Povero said the 20-year-old was pronounced dead on arrival at the hospital.
Though Povero said there were no criminal charges pending, some have speculated that Stewart, who has a reputation for being hot-headed, might have been reckless in driving past Ward.
“Is there a recorded radio interaction where he’s saying, ‘I’m gonna scare this kid’ or ‘I’m gonna do something’? That’s what you need,” lawyer Joe Tacopina told WFAN’s Marc Malusis and Sid Rosenberg on Monday. “Short of that, there’s no scenario where you’re going to be able to prove that he tried to scare this kid or hurt this kid or do anything.
“He’s doing what he’s supposed to be doing: he’s driving a car in circles on a track, going fast.”