Originally Posted by Slice of Life
For the people criticizing Ward for leaving the car and walking out, Tony has done the same before.
Tony has a temper, and mashed the throttle to either scare the kid, or spray some dirt at him and he lost the back end more than he thought. Did he intend to kill the kid? Absolutely not. Was his death caused by negligence on the part of Ward and Stewart? Absolutely.
Agree. In NY, where this occurred, the appropriate charge would be second degree manslaughter.
With Ward wearing an all balck suit, it seems to me very likely Stewart only saw him very late and had very little time to react. But he did react. If he didn't, Ward would still be alive.
It's impossible to prove intent here. But for second degree manslaughter, you only have to show that Stewart was reckless, and that this caused the death. And I can find no reasonable explanation for Stewart gunning his engine there. He had to know he was under a yellow flag, and that he was passing the wreck there, since he was involved in and caused the initial accident. Even in the highly improbable case that he never saw Ward at all, I think there's a good argument that gunning the engine in a yellow flag at the moment you pass the wreck might be criminally reckless behavior.
What Ward did was maybe even more reckless. Still, with a caution flag out, and passing an accident site, Stewart in that situation should have been exercising the utmost caution. What he did was the opposite.