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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories District board says it won't levy maximum tax rate after all Ashland gets new city parks director Man who tried to blow up DA's office faces 15 years in prison All evacuation advisories lifted for Rogue River Drive fire Jackson County plans low-cost pet vaccination clinic Crime, Courts and Emergency Services All evacuation advisories lifted for Rogue River Drive fire Emergency Services Fire levels historic Phoenix house Medford rainfall hits record, halts fire Short, masked man with a sickle robs Mini Pet Mart Politics and Elections Commissioner Skundrick plans final four town hall meetings Medford eyes electronic sign visual pollution Medford council veterans plan exit Medical marijuana patients run for council seat Former colleagues laud Atiyeh's 'practical' leadership Education Middle schoolers get a taste of college living Abraham Lincoln Elementary parents raise money for new playground State treasurer stumps for educational endowment measure Free meals program expands in Grants Pass Migrant student numbers soar Environment Stressed but off life support Rogue watershed councils plan to merge West Nile Virus found in mosquitoes collected near Central Point State news Nation - World Obituaries Michael Francis Cole Jr. Homer K. 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Ontario County Sheriff Philip Povero, who announced on 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. 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, or a baserunner sliding into second with his spikes high. 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. 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. Bishop. Bishop’s car flipped three times and he was killed. Sostilio’s conviction was upheld on appeal by the Massachusetts Supreme Judicial Court. 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.” That was a half-century ago, and racing has changed. Trading paint is a part of the sport, and it’s not even uncommon these days for racers to leave their cars to confront rivals after a crash, which Ward appeared to be doing when he was killed. “In sports we tend to allow all sorts of conduct we’d never allow in another circumstance,” Yung said. “But this isn’t a collision. It’s not in that ballpark; it’s something you don’t expect. This is a more complicated scenario. We’re assuming Stewart didn’t mean to do this, and yet a death resulted.” Whether Stewart’s actions were part of racing depends on what the police investigation finds. Unlike the cars Stewart drives on the NASCAR circuit, the sprint cars have no radios or instrument data recorders that could tell authorities exactly what was happening when Stewart hit Ward. Povero would not say how Stewart described the accident, but he said Monday he has reviewed two videos and spoken to Stewart. “The worst thing that could happen for Stewart is if his story doesn’t seem to match other evidence,” Yung said. “Because then it might call into question his own story.” By The Associated Press MailTribune.com By The Associated Press Posted Aug. 12, 2014 @ 7:20 pm » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. fantasy football Bortles Impresses Again in 2nd Preseason Game Aug. 14, 2014 at 10:28 pm Fantasy Owners Should Steer Clear of Foster Aug. 14, 2014 at 9:10 pm Lee's Instant Fantasy Reaction Aug. 14, 2014 at 8:57 pm West Represents Great Value in Fantasy Drafts Aug. 14, 2014 at 8:55 pm Martin Won't Be a Reliable Fantasy RB Aug. 14, 2014 at 8:07 pm Lynch's Price Tag Makes Him Risky for Fantasy Aug. 14, 2014 at 7:34 pm calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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