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Ontario County District Attorney Going To Grand Jury

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HiddenHollow

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Post Tue Sep 16, 2014 2:39 pm

Ontario County District Attorney Going To Grand Jury

DATE: September 16, 2014

Over the past several weeks I have reviewed with members of the Ontario County Sheriff’s Department their investigation, as it progressed, in the Tony Stewart matter. Recently that office concluded its work and forwarded the complete case file to me. Upon my review of all of the information contained in the entire investigation, I have made the determination that it would be appropriate to submit the evidence to a grand jury, for their determination as to what action should be taken in this matter. Accordingly, the evidence developed in the investigation will be presented to an Ontario County grand jury in the near future.

As grand jury proceedings in New York State are strictly confidential by law, I am unable to state when the matter will be scheduled, other than to state that I intend to present the matter in the near future. Similarly, because of the confidential nature of these proceedings, I cannot state who will be called as witnesses, or what any witness’s expected testimony will be. When the presentation has been completed and a determination has been made, I will advise the public and the media at that time of the results.

Michael Tantillo
Ontario County District Attorney

:arrow: https://www.facebook.com/permalink.php? ... 7595166268
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

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HiddenHollow

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Post Tue Sep 16, 2014 2:41 pm

Re: Ontario County District Attorney Going To Grand Jury

This news saddens me. It's not over folks. :(
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

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HiddenHollow

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Post Tue Sep 16, 2014 2:51 pm

Re: Ontario County District Attorney Going To Grand Jury

Tony Stewart statement:

“I respect the time and effort spent by both the Ontario County District Attorney and the Sheriff’s Office in investigating this tragic accident. I look forward to this process being completed, and I will continue to provide my full cooperation.”

:arrow: https://www.facebook.com/permalink.php? ... 7595166268
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

Countdown to the 2015 Daytona 500
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HiddenHollow

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Post Tue Sep 16, 2014 2:59 pm

Re: Ontario County District Attorney Going To Grand Jury

USAToday 2:54 p.m. EDT September 16, 2014

The Ontario County District Attorney's office will take the Tony Stewart case to a grand jury, D.A. Michael Tantillo said in a statement Tuesday afternoon.

Stewart struck and killed Kevin Ward Jr., 20, on Aug. 9 during a sprint car race at Canandaigua Motorsports Park.

"Over the past several weeks, I have reviewed with members of the Ontario County Sheriff's Department their investigation, as it progressed, in the Tony Stewart matter," he said. "Recently that office concluded its work and forwarded the complete case file to me. Upon my review of all of the information contained in the entire investigation, I have made the determination that it would be appropriate to submit the evidence to a grand jury, for their determination as to what action should be taken in this matter.

"Accordingly, the evidence developed in the investigation will be presented to an Ontario County grand jury in the near future."

Tantillo said grand jury proceedings in New York are strictly confidential and he could not say when the matter would be scheduled other than to say it would be in the "near future."

"Similarly, because of the confidential nature of these proceedings, I cannot state who will be called as witnesses, or what any witness's expected testimony will be," he said. "When the presentation has been completed and a determination has been made, I will advise the public and the media at that time of the results."

In a statement, the three-time NASCAR champion said:

"I respect the time and effort spent by both the Ontario County District Attorney and the Sheriff's Office in investigating this tragic accident. I look forward to this process being completed, and I will continue to provide my full cooperation." ​

:arrow: http://www.usatoday.com/story/sports/na ... /15724209/

:arrow: http://www.foxsports.com/nascar/story/d ... ascaronfox

:arrow: http://bigstory.ap.org/article/grand-ju ... ny-stewart

:arrow: http://www.sportingnews.com/nascar/stor ... um=twitter

:arrow: http://www.charlotteobserver.com/2014/0 ... um=twitter

:arrow: http://www.mrn.com/Race-Series/NASCAR-S ... -Case.aspx
Last edited by HiddenHollow on Tue Sep 16, 2014 3:19 pm, edited 3 times in total.
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

Countdown to the 2015 Daytona 500
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HiddenHollow

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Post Tue Sep 16, 2014 3:07 pm

Re: Ontario County District Attorney Going To Grand Jury

NASCAR: “We will monitor this process and stay in close contact with Stewart-Haas Racing. It would be inappropriate for NASCAR to comment"
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

Countdown to the 2015 Daytona 500
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jdpirate

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Post Tue Sep 16, 2014 3:14 pm

Re: Ontario County District Attorney Going To Grand Jury

Not happy about this news. :cry:

Not going to say any more on what my thoughts are as they are only my opinion.
Last edited by jdpirate on Tue Sep 16, 2014 3:41 pm, edited 1 time in total.
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michaeljohn

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Post Tue Sep 16, 2014 3:16 pm

Re: Ontario County District Attorney Going To Grand Jury

hmmmmmmm...
I miss you Frehley........
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smokieonefour

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Post Tue Sep 16, 2014 3:45 pm

Re: Ontario County District Attorney Going To Grand Jury

A grand jury simply makes a recommendation to a judge, if they believe enough evidence is present to warrant a criminal trial.

"The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant -- usually reserved for serious felonies. Grand jury members may be called for jury duty for months at a time, but need only appear in court for a few days out of every month. Regular court trial juries are usually 6 or 12 people, but in the federal system, a grand jury can be 16 to 23 people.

The grand jury is one of the first procedures in a criminal trial, if used at all.

-
See more at: http://criminal.findlaw.com/criminal-pr ... x1ugr.dpuf"

The grand jury could just as EASILY dismiss this ... and the Ontario County covers their butt.

To be honest... I am not surprised by this action. Just cross our collective fingers, have faith that SHR has some of THE BEST legal help out there ... and it is finished after the grand jury.
Smoke 'em if ya got 'em!

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jdpirate

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Post Tue Sep 16, 2014 4:24 pm

Re: Ontario County District Attorney Going To Grand Jury

The creeps are out spilling their vitriol again now :( Let's hope they stay away from here.
I'm Living my life the way I want to..... Tony Stewart
Never Quit..... Marcus Luttrell Lone Survivor
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duffygoofy

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Post Tue Sep 16, 2014 4:38 pm

Re: Ontario County District Attorney Going To Grand Jury

I think it saddens everyone! :( :(
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smokieonefour

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Post Tue Sep 16, 2014 4:53 pm

Re: Ontario County District Attorney Going To Grand Jury

It DOES sadden me to hear the words "Grand Jury" and "possible criminal charges" ...

It also scares me, for Tony. :-( But ... seeing as things are now, 'the way they are' - we just have to trust the system, the evidence and the jurors. Have faith that Tony has all the best legal team he can buy and in place.... and it gets ended ASAP.

We do not know the prosecutors motives, at this time - all we can do is speculate. Maybe he will see this as a trial to make a name for himself and get his 15 minutes ... and will go at this vehemently ... or ... maybe he just wants to take the legal pressure off of him and his county and place it on the jury's shoulders. ? ? As in all things, it remains to be seen.

I had hoped the Sheriff would end it ... but it does not surprise me to see them 'hand it off' - under such current media scrutiny. After the NFL debacle of WHEN or IF the knock-out tape was seen ... NOBODY wants to be in ANY hot seat, issuing decisions, when it's so much easier and legally efficient, to just keep passing it off. The jury can end it ... or pass it off to a trial. We will just have to wait and see. :-(
Smoke 'em if ya got 'em!

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HiddenHollow

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Post Tue Sep 16, 2014 5:16 pm

Re: Ontario County District Attorney Going To Grand Jury

Does a grand jury mean further trouble for Tony Stewart?

By Jay Busbee

It's been more than a month since an accident involving Tony Stewart claimed the life of Kevin Ward Jr. at a race track in Ontario County, N.Y. In that time, Stewart has returned to driving in NASCAR. A police investigation into the event has concluded, and on Tuesday came the news that Stewart's case has been referred to an Ontario County grand jury. Here are answers to the most common questions surrounding Stewart's impending grand jury hearing.

What has happened from the time of the Ontario County police's investigation until now?

In the wake of the incident, Ontario County police maintained that there was nothing in their initial investigation to indicate that Kevin Ward Jr.'s death was anything more than a tragic accident.

As Donald G. Rehkopf, Jr., a criminal defense attorney with the Rochester, N.Y. firm of Brenna, Brenna & Boyce told Yahoo Sports, there were basically two options at that point: the police could have filed the charges themselves, or they could have taken the case to the Ontario County district attorney, who would then turn the case over to the grand jury.

The grand jury then has three options: a felony indictment, a misdemeanor indictment, or a "no-bill," in which no charges are filed against Stewart because the grand jury could not find evidence of criminal intent.

Is this a bad sign for Stewart?

It's neither a bad sign nor a good sign; it's the expected course of action. Referring the case to the grand jury is "not overly surprising," Rehkopf said, adding that he "would not infer anything" from the D.A.'s decision. Rehkopf noted that Ontario County's district attorney has a history of referring cases with a "hint of a possibility" of criminal charges to the grand jury.

"And that's not necessarily a bad thing," Rehkopf added. "From a broader societal perspective, this allows the grand jury, on behalf of the people, to say 'we do' or 'we do not believe there was criminal intent.'"

Will Stewart be involved in the case?

Stewart does not have to be involved in the grand jury testimony. However, New York is one of the few states that allows a defendant to testify at grand jury proceedings, depending on the facts of the case and the defense's strategy.

What is the procedure for the grand jury?

A member of the district attorney's office will consider the report and may focus on certain charges when making recommendations to the grand jury. The grand jury is, however, free to accept or reject the D.A.'s recommendations. A judge will supervise the proceedings from a legal perspective.

A simple majority of the 23-member grand jury must decide that the incident met the standard of probable cause for a crime.

When will we hear the grand jury's verdict?

Grand juries run for 30-day terms, releasing their findings during and after the conclusion of their terms. Rehkopf said it's likely this grand jury was impaneled the Tuesday after Labor Day, meaning we will likely hear the grand jury's decision of indictment or no-bill in the next couple weeks. However, since grand jury proceedings are confidential, the actual date could be somewhat further in the future.

:arrow: http://sports.yahoo.com/blogs/nascar-fr ... 09483.html
"I'll wreck my mom to win a championship. I'll wreck your mom to win a championship." - Tony Stewart, November 17, 2011

"Fight For Four" - Annalee, March 27, 2012

Countdown to the 2015 Daytona 500
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NASCARNan

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Post Tue Sep 16, 2014 6:20 pm

Re: Ontario County District Attorney Going To Grand Jury

I too am saddened by this news. It sounds like bad news to hear Grand Jury, but trying to positive, as they can decide in a positive manner and not otherwise. :cry:
NASCAR Nan
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michaeljohn

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Post Tue Sep 16, 2014 8:54 pm

Re: Ontario County District Attorney Going To Grand Jury

boy that lawyer on the race hub is convinced that this will go to trial....
I miss you Frehley........
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im4tony

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Post Tue Sep 16, 2014 9:15 pm

Re: Ontario County District Attorney Going To Grand Jury

I feel terrible right now. I hope Tony will not let this get to him. Doesn't sound good but with a high profile person involved they may be covering their you know what.....I hope that is all it is.
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