Aug 10, 2014|
Automatically Generated Transcript (may not be 100% accurate)
Major news slash sports story has outstripped everything else at this point so a priority to the story about. NASCAR driver Tony Stewart who struck and killed a driver who was walking on a dirt track during a race in upstate New York last night was on the racetrack and candidate was matter fact. That driver Kevin ward was spun out by Stewart. And then in the aftermath that Kevin emerged from his car and took a couple steps. Down and across the track towards Stewart's car a two pretty much tell Stewart he didn't appreciate being poured into the yet turn there. And -- Stuart and his car ended up clipping ward and throwing in fifty feet and ward is now dead as a result. So it kind of begs a question or two that we thought we post frank Clark former district attorney for Erie county. About. How you would even attempt to war could you even potentially in attempt to prosecute such a case of frank let's say a jump in right there if you don't mind. If there is there a possibility that you could charge that -- -- president's. Ultra liberators. I mean you look at by the same standards that Stewart that you wouldn't -- you would apply to any driver on the road. And the first thing he looked -- it what you reckless in -- conduct. That being stored. And it will -- Quad injury here yet but somebody else. Well it certainly elated that college now do you look to see whether one tortilla. Ride the little level all of these -- recklessness. Criminal negligence. And it inspected the arms. And that the possibility that you argued either and that's all. In the third degree which would be a misdemeanor. Or criminally negligent homicide. Which would be aquarius. Later eat salad. So those. Potential. It. But I would think that the likelihood is not great. -- criminally negligent homicide is that the highest level to which you could potentially charge someone in a situation like this. Under under. My pain you know I don't know all of the facts but just with the tactic that you went through. I would say is currently negligent homicide. Would be the highest charge and that would be that. Whatever. Short he would award given to. -- -- -- -- -- -- So reckless sold negligent. As it be a gross deviation. Broader standard of care that you and I would actually. Are these similar circumstance. For example. Let's say that if it appeared that. Well right now approaching the car. War I or should have been obvious that Stewart. And under those circumstances. Stewart and -- at the end. In his car and is there who dat. We saw -- city is -- -- The possibility. Of criminal negligence. But under that you know the that the -- happening. They jerk our race like that. I wouldn't say that it is it's likely. But I certainly think that it's possible. And I think that the investigators. There. These -- share the pot in this state police certainly will go through. All of this step they have to -- To determine whether they would requisite criminal negligence and law. Live on the line with former Erie county district attorney frank Clark talking about an incident in which he had driver was struck and killed by. NASCAR's Tony Stewart in candidate on a dirt track there. And out what about the possibility of a civil proceeding is that the more likely wrote this of this will probably take one at all seeks out a wrongful death suit perhaps. Well at this civil standard is much less credible. This civil the civil standard. It really -- -- I would say in in in my experience. That they. Possibility of that civil so it is about a 100%. They'll LP syllables so there's no question about that. And in the number of that Edwards may be 78. Q the track. They could shoot Stuart they could do so outraged. You know responses in the car and it. And any number of possible that ended in a civil -- I bought a criminal suit. Requires. A greater. Deviation. From the standard of care. Civil -- itself. Criminal salute our -- I would say unlikely. Civil salute. Almost sure likely. Frank it very much appreciate your expertise in that thanks for joining us here this morning. That's a frank Clark former district attorney for Erie county again -- NASCAR driver Tony Stewart struck and killed a driver on the dirt track. It candidate will motor sports park last night Ontario county sheriff question Stewart and released him and it's still a question as to whether or not Stewart will. Indeed participate at Watkins Glen as he is scheduled to do so later today.