The obvious question is whether criminal charges should or will be brought against Tony Stewart for his role in the death of Kevin Ward Jr during a sprint car race on Saturday. We won't know that for a while, but we do now know that police have video from a second angle of Stewart's car fatally striking Ward.
Bob Pockrass of the Sporting News reports that according to Ontario County (N.Y.) Sheriff Philip Povero, investigators obtained a new video on Monday, separate from the one that appeared online hours after the incident.
It's not clear what that video shows, but it appears not to have been made public; police had appealed for anyone who filmed the night's event to get in touch. The first video, which was initially uploaded to Youtube, shows the moment of impact, but very little of Stewart's actions immediately previous.
That's crucial for any potential legal action. Video may be the only possible way to tell if Ward's death involved criminality, negligence, or was just a horrible accident. Pockrass spoke to Ken Hyland, a local defense attorney who spent decades as a prosecutor:
"The burden on the proof is on the prosecution. Tony Stewart doesn't have to prove that he is innocent," Hyland said. "The prosecutor would have to prove beyond a reasonable doubt that he had one of these mental states and caused the death of this gentleman.
"It's not that easy."
Manslaughter would require Stewart's intent to be proven, which seems almost impossible. But Hyland raised the specter of a lesser charge like criminal negligence, which could be brought if prosecutors believe Stewart didn't exercise reasonable care in the situation.
Sheriff Povero said there is no timeline on his department's investigation.
Tony Stewart investigation continues as new video surfaces [Sporting News]