Tony Stewart could still face criminal charges for running down Kevin Ward Jr. with his sprint car, even if the three-time NASCAR champion didn’t mean to kill Ward, hurt him, or even scare him.
Ontario (N.Y.) County Sheriff Philip Povero, who announced on Tuesday that the investigation is continuing, has said his initial findings have turned up nothing that would indicate criminal intent in the crash at the Canandaigua Motorsports Park on Saturday night.
But legal experts agree that does not mean Stewart is in the clear.
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.
‘‘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.
Athletes in competition often do things that would get the average person arrested — think two boxers in the ring.
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.
So Stewart would not expect to be charged for the car-on-car bump that sent Ward spinning into the wall. 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.