AN UPDATE ON TONY STEWART

The recent announcement that Tony Stewarts case would be heading to Grand Jury have quite a few people reeling. That being said, there are two possible reasons why the Ontario County Prosecutors Office would be taking things down this path because he wants to cover all his bases, or because theres substantial proof that proves Stewarts wrong doing.

Its been explained that many factors have come into play here, the first of which being the notorious video from that night. Investigators were also able to get their hands on a second video in which theyve also analyzed and were said to have enhanced as well.

Lastly, between eyewitness accounts and the testimony of experts, the investigation into the matter was ruled closed last week. Now, just a few days later, officials have announced it will be headed to Grand Jury where the final decision on whether or not Stewart will be indicted, or the case will be dropped.

Either way, lips are sealed as to when the jury will convene as New York state law dictates. Witnesses being called are also being withheld although the DA stated that Stewart may be brought to the stand to testify. That being said, many have been left wondering why the case would be going to Grand Jury at all.

As a Grand Juries objective is to determine whether or not a person should be charged with a crime, this leads to only two possible outcomes. The first of which being that theres either questionable or solid evidence that could prove Stewarts guilt. As many have speculated, although most do not believe Stewart intentionally ran over Ward, they said that he may have accidentally while trying to spray him with mud and his car got away from him.

Just listen to this expert here:

Others however, who believe that Stewart is innocent state that the Ontario County DA is merely covering his butt. Given the national attention around the case, you can see why someone would want some definitive answers leaving the finger pointing to end somewhere else rather than Ontario County Officials. After all, if the Grand Jury says there not enough evidence and to drop the case, but later down the road it comes out that Stewart was guilty, well then at least it wasnt their fault.

On that same note however, those who blame Stewart will not be able to say that evidence was withheld and Ward wasnt given justice as the case will have been put through the ringer.

Tim Leeming I wish you would weigh in on this as you are very aware of legal proceedings. This is to broad to really get a grasp on..

IT DEPENDS WHAT TONY STEWARD TOLD THE INVESTIGATORS?
WHAT YOU SAY OR HOW YOU SAY IT IS SOMETIMES "YOUR OWN WORST ENEMY"!
SOMETIMES IT HELP YOU!
SOMETIMES IT HURT YOU!
GRAND JURY DON'T SOUND GOOD!
TONY STEWART SHOULD BE THINKING ABOUT GETTING THE BEST CRIMINAL/CIVIL ATTORNEY IN TOWN!
SOUNDS LIKE HIGH PROFILE CRIMINAL CASE FOR THE NY PROSECUTOR!
SOUNDS LIKE HIGH DOLLARS CIVIL CASE FOR WARD FAMILY.
SOUNDS LIKE LONG HARD UPHILL LEGAL BATTLE FOR TONY STEWART.

NOTE: LAST MONTH, LARRY McREYNOLDS SAID THAT HE JUST FINISHED UP AN CIVIL LAW SUIT BROUGHT UP AGAINST HIM WHILE HE WAS #3 DALE EARNHARDT SR. RACE TEAM CREW CHIEF. IT HAPPEN DURING AN #3 DALE SR. WRECKED RACE CAR ACCIDENT THAT WAS HOOKED UP WRONG BY TOW TRUCK WRECKER DRIVER.
LARRY McREYNOLDS DID SOMETHING WRONG TO THE TOW TRUCK WRECKER DRIVER AND GOT AN CIVIL LAW SUIT AGAINST HIM.

Thanks for any information or photos posted.
Dennis Garrett
Richmond,Va.USA

Johnny, I will "weigh in" but only a little. From my very limited research into Ontario County, NY politics, it appears the District Attorney position is an elected office. That would indicate it would be of great benefit for the D.A. to present the case to the Grand Jury. For one thing, this action makes it appear to his potential voters that he is proceeding in the best interest of Ontario County and the Ward family. Further, because this is a case sure to draw maximum publicity, that D.A. is bound to garner a great deal of press.

I think it is well known and well documented throughout the country, that a Grand Jury will often return with an indictment which then "covers their butts" by getting it out of their hands and leaving it to a 12 man jury in a full blown trial. I anticipate this will probably be the outcome of this Grand Jury. By doing that, all possible allegations of "sweeping it under the rug" would be dismissed and the case would go to a full blown trial.

As to how long it would take the case to get to trial, I won't even guess. Docket loads and legal maneuvering can keep the matter floating for a year, two or three. I would think that the Ward family would be anxious to end it rather than reliving that night over and over in the press. It would certainly behoove Tony Stewart to have it over quickly.

The measure of a jury decision is always supposed to be on "the greater preponderance of the evidence" but in my 37 years of working in the legal system, it is without a doubt clear that a jury can't rule out personal feelings in making a decision no matter the evidence. Look no further than O.J. for proof of that.

Again, my heart goes out to all parties involved here and my prayers as well. We don't know what evidence the D.A. has which indicated that, in his opinion, the case should be submitted to the Grand Jury, but that may have been the very best thing to do so as to end all speculation by all the folks involved, including all those social media folks who offer their opinions.

The following is by Bob b Pockrass

Everyone wants a prediction on what will happen in the grand jury room in Ontario County (N.Y.) when the Tony Stewart case is brought before it.

But this isnt sports, and it's not as if there is a lot of past history of similar cases to compare to this one.

Not only is it difficult to predict what jurors will do, the only person who knows what evidence and witnesses will be brought before the grand jury is the county prosecutor himself.

MORE: Stewart's team moves on | Ward's father wants answers | Flagman killed during short-track race | Stewart gets warm reception

The Stewart case is like none other in recent memory. It is rare for a racecar driver to get out of his racecar during a race, approach another car on foot and be struck and killed, which is what happened when 20-year-old Kevin Ward Jr. approached Stewarts car Aug. 9 at Canandaigua Motorsports Park.

Here are some things to know about a grand jury in New York (primarily from the New York Grand Jury Handbook) and what will happen next:

Grand jury proceedings are confidential. So we do not know when it is meeting unless a witness speaks publicly. The testimony is only witnessed by the grand jury, the prosecutor and other court personnel, including a stenographer. Any witness can speak publicly after giving testimony.

The prosecutor, Michael Tantillo, did not have to let anyone know he was taking the case to the grand jury. There is no way of knowing how successful the prosecutor is when going to the grand jury, because in order to protect those investigated but never indicted, there is no public record of the grand jury proceedings. This is a rare case in the sense that everyone knows Stewart was under investigation so there is no confidentiality to worry about in the prosecutor announcing that he is taking it to the grand jury.

Tony Stewart (AP Photo)

The grand jury consists of 23 people, of which 16 must be present for all testimony. All it takes is for 12 (a majority) to agree for a final decision. The grand jury does not determine whether Stewart is guilty. It only determines if there is legally sufficient evidence of a crime and whether there is reasonable cause to believe that the accused person committed that crime.

The prosecutor must present to the grand jury what charge he wants the grand jury to deliver so he can prosecute. The prosecutor then presents evidence to back up his case. The prosecutor could have decided on his own that no charges were warranted. But if the prosecutor believes felony charges are warranted, he must get an indictment from a grand jury.

The grand jury will decide at the end of testimony which can take a day or as long as several weeks, depending on the availability of witnesses whether to indict on that charge, indict on a lesser charge or not indict at all. If there is no indictment, the prosecutor cannot bring it back to the grand jury unless the prosecutor gets permission from a judge. The case can go in front of the grand jury at most two times.

There is no judge during a grand jury. The only time a judge is used is to answer grand jurors questions.

The prosecutor chooses the initial witnesses and evidence presented. There is no cross examination.

The members of the grand jury can ask questions. The questions often go through the prosecutor to make sure they are relevant and legally proper. The grand jury can also direct the prosecutor to call a witness a second time and can even ask the prosecutor to subpoena a witness to clarify information. Stewart also can suggest witnesses, but it is up to the grand jury to decide whether it wants to hear from any of those witnesses. If the grand jury asks for a witness that the prosecutor believes is not in the public interest, the prosecutor can ask a judge to make a final determination if the witness will be called to testify.

Stewart, as the defendant, has a right in New York to appear before the grand jury (and he has the right to not appear). His attorney can be present and advise Stewart but cannot object to questions.

The prosecutor in this case, Michael Tantillo, was elected in 2013 for his seventh consecutive four-year term. He ran unopposed.

Ward is not from Ontario County. He lived about about 140 miles away.

Now we know a little on how the devious minds in NY govt turn. Another reason to love the south..