Shouldn't you be sending cease and desist letters instead of on a Seahawks forum?
Good to have a lawyer on my side!
A lot of folks sound like trial lawyers in this thread. I'm not a litigator (though my biz partner is), and he always says common sense and pragmatism usually sways the juries, as some soccer mom from Bellevue isn't gonna understand (or frankly care) about the legal nuances. So along that vein, here is the "common sense no agenda" take on Stewart situation:
1) Is Stewart a hot head? - Answer - YES
2) Is Stewart one of the best drivers in the world, i.e., someone who is constantly aware of his surroundings and understands how to operate his vehicle better than 99% of the rest of the planet? - YES
3) Was the young driver who got out of his car stupid and at fault in part (not ragging on him as his death was tragic; but just being blunt): YES
4) Did Steward intentionally try to kill him? - No, most sane people aren't gonna think that Stewart is a sociopath and murderer.
4) Do you think Stewart tried to "teach the kid a lesson" by getting close or getting dust in his face - YES
I think most reasonable people, based on the video and Stewart's history, can come to these conclusions, if they are being honest with themselves and not just in outright denial.
With all the said, a prosecutor in an area that supports car racing isn't going to bring charges unless there is a smoking gun (e.g., Stewart radioing in and saying "I'm gonna teach this kid a lesson"). Also, just from a practical standpoint, finding criminal (or perhaps even civil) liability could kill the sport, as do we really want a criminal investigation every time a race car driver is injured or killed due to aggressive driving techniques on the track? No. The slippery slope would be crazy (e.g., charging a DB in football if he does an illegal hit and seriously injures someone).
Sports is a different breed, thus the reason I think the chances of criminal charges are extremely remote. Now the civil case could get interesting...
BTW - has there been any release of the radio transmissions? I'd assume that the crew would radio in and say, "caution flag up..some driver left his car and there is a crash." IF that happened, that would lend credence to the argument that Stewart knew he was out there. If not, that helps Stewart of course.