Excellent argument. The prosecution will say that Tony had every expectation in the world that Kevin would slow him down on the next pass, since it's part of the racing culture and since Tony had done the exact same thing in the past. However I n Tonys mind, he wanted to win that $3,000 prize so badly he decided to go hell for leather, regardless of the consequences. Even when the blue car in front of him *slowed down* in reaction to Kevin and his just wrecked car, Tony kept or increased his speed. Striking Kevin with that 2ton machine was 100% foreseeable in those particular circumstances.Deathofthebambino said:Yeah, I don't think the original reports of him gunning the engine and the back end swinging out and clipping the kid are true. I think the Stewart gunned the engine as he was going by the kid, and the kid either got too close or Tony got too close, and as he passed him, he got caught under the tire and dragged. Not seeing the intent that was implied by all of the reports earlier though.
Tony can't reasonably claim to have been surprised by track conditions since he had just skidded in the same area. (Unless he wants to argue he deliberately squeezed Kevin's car into the wall. Which makes Kevin's actions even more predictable.)
The only thing that remains is to figure out if the chance to win $3,000 gives one the ability to act in a way that's completely contemptuous of a 19 year olds right to live.
Ergo, manslaughter or murder 2.
(Also don't judge the lighting by what you see on camera. It may have been darker or lighter.)