Richard Childress starring in the NASCAR version of "Grampas Gone Wild" reeked of favoritism to the Old Guard. I understand NASCAR's desire to guide/steer/orchestrate the product served up to the public. Really, I do. NASCAR fans want excitement and colorful characters. The whole incident had even non-NASCAR fans in my office buzzing about it today (Monday). To that extent the brouhaha created a desired effect. BUT, by not doling out any meaningful punishment today NASCAR risks being relegated to the ranks of WWE and its choreographed shenanigans.
The amount of the monetary fine was practically inconsequential to an owner of Childress's standing... and what is more meaningless than the toothless threat of a NASCAR probation? Today's slap on the wrist administered by NASCAR should be perceived as a nose-thumbing by NASCAR to Kyle Busch and any stakemember outside the favored status of good ol' boy.
NASCAR got the call right on aggressor v. victim but totally missed the boat on the nature & severity of the punishment. Last year Tom Logano had his hard card pulled for merely flipping off Greg Biffle for running his son Joey into a back stretch wall because pere Logano inserted himself into the goings-on at the race track. More than a paltry fine & completely meaningless probation, perhaps forcing Childress to endure the ignominy of standing in the credentials line with the rest of the NASCAR common rabble would better illustrate how serious NASCAR took his interference with a competitor. That or have him wear a scarlet letter for the rest of the season.
Probation? Ha! Childress should have been suspended from all track operations for a minimum of 4 weeks. NASCAR cited a need for on-site organizational leadership as the reason for permitting Childress to remain at the track on Sunday following his ambusch. There are many other owners who show far superior leadership than Childress. Heck, Richard Childress Racing (RCR) already had an owner in its organization present at the track Sunday. Shoot, she even had her own firesuit and from what I've heard tell, she knows how to use it!
Finally, I watched the entire truck race. I scrutinized the jousting that went on between Coulter & Busch in the final laps of the race. Each racer raced the other hard but cleanly. I've seen the replay of the bump/tap/wreck that Busch gave Coulter. It's only one angle. I'd love to see another or two or at least inspect the actual damage done to the #22 truck by the #18. Maybe it was worse than it looked but to my admittedly biased eye the contact following the race was more of a 'welcome to the big leagues' kind of pat on the butt given by a veteran to a rookie after a well played contest than any kind of intentional wrecking. An atta-boy acknowledgment. Welcome to our fraternity type of deal.
If what is reported as happening between Childress & Busch actually transpired, then Childress completely lost it and over-reacted in an entirely inappropriate manner. The repercussions he must "suffer" were ludicrous. With the punishment meted out, NASCAR is closer than ever to transforming itself into another theater sport like WWE and its ilk.
Sorry folks. That is NOT my NASCAR.
Monday, June 06, 2011
Friday, May 13, 2011
Disparate Buddies
Hair tousled, eyes shyly downcast, my NASCAR fan buddy from my school's special day class approached my desk today. He was shielding something in his hand from view.
"Hey Buddy! What's up?!"
"I brought you something..."
and with that he lovingly handed me a 1:64 diecast of the #18 in its first Toyota Cup win Snickers paint scheme.
Now this wasn't a diecast still all pristine and unopened in its packaging. His mom hadn't seen this on a store shelf and suggested he let her buy it so he could give it to Ms Barb at school. This puppy had seen some hard racing. It had 'Darlington stripes" and scrapes and scratches from many a race re-enacted by my li'l pal.
I wish you could have seen the pride shining from this fella's eyes as he so proudly shared his gift with me. I was so touched at his generosity. It meant an incredible amount to me that he'd wish to share such a cherished possession.
As I accepted his present I asked if it'd be ok for a hug and when he happily acquiesced he bestowed an even bigger gift.
The Snickers diecast now resides front & center on display on my desk. My li'l buddy earning a similar spot in my heart.
Thank you NASCAR for bringing two such disparate characters together... even if he IS a Dale Jr. fan!
"Hey Buddy! What's up?!"
"I brought you something..."
and with that he lovingly handed me a 1:64 diecast of the #18 in its first Toyota Cup win Snickers paint scheme.
Now this wasn't a diecast still all pristine and unopened in its packaging. His mom hadn't seen this on a store shelf and suggested he let her buy it so he could give it to Ms Barb at school. This puppy had seen some hard racing. It had 'Darlington stripes" and scrapes and scratches from many a race re-enacted by my li'l pal.
I wish you could have seen the pride shining from this fella's eyes as he so proudly shared his gift with me. I was so touched at his generosity. It meant an incredible amount to me that he'd wish to share such a cherished possession.
As I accepted his present I asked if it'd be ok for a hug and when he happily acquiesced he bestowed an even bigger gift.
The Snickers diecast now resides front & center on display on my desk. My li'l buddy earning a similar spot in my heart.
Thank you NASCAR for bringing two such disparate characters together... even if he IS a Dale Jr. fan!
Monday, May 09, 2011
Kevin v. Kyle - Darlington, May 7, 2011
Will the punishment fit the crime?
Given their history, an on-track dust-up was inevitable. At the end of the 2010 season the litany of incidents perpetrated on Joe Gibbs Racing drivers by Kevin Harvick was probably well into the double-digits. The final ignominy for most JGR fans was at Homestead when Harvick intentionally wrecked Busch in a fiery crash then had the audacity to brag about 'parking' Kyle for 'driving like a clown all day'. My point is that I'm certain each of the JGR drivers started this season with a sour taste in his mouth about Kevin Harvick and his penchant for happily spinning out any JGR car that he could catch.
I watched the replays of Saturday night's on-track incident at Darlington that precipitated the post-race fracas. It appeared to me that the beginning of the incident occurred when Harvick seemed to 'give' track position to Busch only to speed ahead, contact his bumper, and get Busch loose. While that was transpiring both cars, by necessity, lost some momentum which allowed Bowyer to catch them, making it 3-wide coming out of the turn. As Busch ran out of track on the high side, Harvick ricocheted between Bowyer & Busch, causing Bowyer to head for the inside wall and crash his car.
As that happened Busch regained control of his car from the earlier tap from Harvick. Now, I am a Busch fan. Try as I might I could not say that Kyle lost control of his car as it took that sharp left toward Harvick's bumper. Kyle's too good a precision driver. Yes, Kyle was "having at it"; exacting immediate retribution for Harvick's earlier spin attempt and exacting some revenge for all the slights of 2010. It was immediate, emotional and to some extent expected. As spotter TJ Majors would tweet later that evening, "Love it when drivers get raced the way they race!"
What followed at the end of the race was uncalled for though.
As the drivers were preparing to enter pit road, Busch tried to avoid conflict with Harvick by veering back on to the track at pit road's entrance when he saw Harvick would be directly in line with him. ADVANTAGE: Busch
When Harvick saw Busch swerve back onto the racing surface, he abruptly left the pit road line to go up to harry Busch. DISADVANTAGE: Harvick
Back on the track surface Harvick pulled past Busch's car to block him from avoiding confrontation. DISADVANTAGE: Harvick
Once Harvick pulled past Busch, Kyle attempted to put his car into reverse so as to defuse chances for hostilities. (Here is when reverse gear was lost on the #18 car.) ADVANTAGE: Busch
Lacking reverse Busch was forced into making a sweeping circle turn to gain entrance to pit road. Harvick was able to enter more quickly and got in front of Busch. DRAW
Harvick blocked Busch on pit road and without reverse Kyle was reduced to sitting and waiting out the situation. Again almost a DRAW as Harvick was making his point about being peeved without physical confrontation.
At last Harvick extricated himself from his car, leaving it unattended and still blocking Busch. (Was the #29 left in gear or in neutral? Was it running or shut off? Was Harvick negligent leaving a driver-less car on pit road?) DISADVANTAGE: Harvick
As Harvick, still wearing his protective racing helmet, emerged from his car Busch was left with only unsavory options. He could get out of his car and fight the obviously angry Harvick and his rapidly coalescing crewmen. He couldn't back up and he couldn't drive around since the two cars were bumper to bumper and Busch had no reverse gear. His choice in this instance was to sit in his car and await a pummeling from Happy & friends or he could attempt to tap the 29 car enough to give himself room to drive away from the impending melee. We all saw the choice he made. I had to ask myself what I would have done given the same or similar circumstances. ADVANTAGE: Busch
Was it safe to tap the 29? Probably not. Did Busch have much choice? Again, probably not. Who was most endangered by the unoccupied rolling 29? The pit crew guys in red who were just as much spoiling for a fight as their driver. Did these 'Harvick Henchmen' deserve to get hit by a 3500 lb stock car? Of course not. Should Busch be held to blame for that? Again, of course not! That was never his intention though at that point it was pretty much his only available option.
What would I do if I was in charge of policing this? I'd put both of them on probation. No fines. No points. Probation - not til Dec 31 but for a certain number of races. If that doesn't curtail such shenanigans the next incident would result in monetary fines and probation through the rest of the year.
Y'all asked for emotion. They gave it to ya. Punish if you must but don't blame Busch for consequences resulting from Harvick's petulance.
Given their history, an on-track dust-up was inevitable. At the end of the 2010 season the litany of incidents perpetrated on Joe Gibbs Racing drivers by Kevin Harvick was probably well into the double-digits. The final ignominy for most JGR fans was at Homestead when Harvick intentionally wrecked Busch in a fiery crash then had the audacity to brag about 'parking' Kyle for 'driving like a clown all day'. My point is that I'm certain each of the JGR drivers started this season with a sour taste in his mouth about Kevin Harvick and his penchant for happily spinning out any JGR car that he could catch.
I watched the replays of Saturday night's on-track incident at Darlington that precipitated the post-race fracas. It appeared to me that the beginning of the incident occurred when Harvick seemed to 'give' track position to Busch only to speed ahead, contact his bumper, and get Busch loose. While that was transpiring both cars, by necessity, lost some momentum which allowed Bowyer to catch them, making it 3-wide coming out of the turn. As Busch ran out of track on the high side, Harvick ricocheted between Bowyer & Busch, causing Bowyer to head for the inside wall and crash his car.
As that happened Busch regained control of his car from the earlier tap from Harvick. Now, I am a Busch fan. Try as I might I could not say that Kyle lost control of his car as it took that sharp left toward Harvick's bumper. Kyle's too good a precision driver. Yes, Kyle was "having at it"; exacting immediate retribution for Harvick's earlier spin attempt and exacting some revenge for all the slights of 2010. It was immediate, emotional and to some extent expected. As spotter TJ Majors would tweet later that evening, "Love it when drivers get raced the way they race!"
What followed at the end of the race was uncalled for though.
As the drivers were preparing to enter pit road, Busch tried to avoid conflict with Harvick by veering back on to the track at pit road's entrance when he saw Harvick would be directly in line with him. ADVANTAGE: Busch
When Harvick saw Busch swerve back onto the racing surface, he abruptly left the pit road line to go up to harry Busch. DISADVANTAGE: Harvick
Back on the track surface Harvick pulled past Busch's car to block him from avoiding confrontation. DISADVANTAGE: Harvick
Once Harvick pulled past Busch, Kyle attempted to put his car into reverse so as to defuse chances for hostilities. (Here is when reverse gear was lost on the #18 car.) ADVANTAGE: Busch
Lacking reverse Busch was forced into making a sweeping circle turn to gain entrance to pit road. Harvick was able to enter more quickly and got in front of Busch. DRAW
Harvick blocked Busch on pit road and without reverse Kyle was reduced to sitting and waiting out the situation. Again almost a DRAW as Harvick was making his point about being peeved without physical confrontation.
At last Harvick extricated himself from his car, leaving it unattended and still blocking Busch. (Was the #29 left in gear or in neutral? Was it running or shut off? Was Harvick negligent leaving a driver-less car on pit road?) DISADVANTAGE: Harvick
As Harvick, still wearing his protective racing helmet, emerged from his car Busch was left with only unsavory options. He could get out of his car and fight the obviously angry Harvick and his rapidly coalescing crewmen. He couldn't back up and he couldn't drive around since the two cars were bumper to bumper and Busch had no reverse gear. His choice in this instance was to sit in his car and await a pummeling from Happy & friends or he could attempt to tap the 29 car enough to give himself room to drive away from the impending melee. We all saw the choice he made. I had to ask myself what I would have done given the same or similar circumstances. ADVANTAGE: Busch
Was it safe to tap the 29? Probably not. Did Busch have much choice? Again, probably not. Who was most endangered by the unoccupied rolling 29? The pit crew guys in red who were just as much spoiling for a fight as their driver. Did these 'Harvick Henchmen' deserve to get hit by a 3500 lb stock car? Of course not. Should Busch be held to blame for that? Again, of course not! That was never his intention though at that point it was pretty much his only available option.
What would I do if I was in charge of policing this? I'd put both of them on probation. No fines. No points. Probation - not til Dec 31 but for a certain number of races. If that doesn't curtail such shenanigans the next incident would result in monetary fines and probation through the rest of the year.
Y'all asked for emotion. They gave it to ya. Punish if you must but don't blame Busch for consequences resulting from Harvick's petulance.
Sunday, October 03, 2010
It's a Scandal! It's a Outrage!
N
Everyone is entitled to his opinion. This happens to be mine.
Last year and at the beginning of this year Brad Keselowski oft times found himself in situations where his driving skills did not align with his intentions. Several drivers found themselves involved in his lessons at the hands of the driving Mercies resulting in torn up race cars, thwarted finishes and roiled emotions. Denny Hamlin fell victim to such indignities enough times to eventually reach the limit of his forbearance and vowed to ‘take care of it’ at a coming race. In the Nationwide finale at Homestead last year Hamlin made good on his vow and spun Keselowski. A good part of both the NASCAR fandom and the NASCAR garage cheered as the brash pretender was given his comeuppance.
Did I cheer? Honestly, yes. Was Hamlin right to exact revenge for past wrongdoings at a different race? Probably, no.
At yet another Nationwide race, this time at Dover last May, on a restart Hamlin spun Clint Bowyer out of second place. The ensuing melee triggered a nine-car, red flag provoking accident. Once the caution flag flew, Bowyer drove out from pit exit and lambasted the side of Hamlin’s car. NASCAR instantly parked Bowyer, sending him to the garage.
Was I astounded? Yes, completely flummoxed. Was Bowyer right to exact what he genuinely believed was his pound of flesh from Hamlin at the first opportune moment? Under NASCAR’s “Have at It Boys” policy, probably yes.
The infamous Carl Edwards/Brad Keselowski simmering feud that erupted into what could have been absolute mayhem? Sorry, Carl. As much as I was rooting for you to ‘pay the little twerp back and teach him a lesson he wouldn’t soon forget’, your method was completely inappropriate. Edwards spent a sizable chunk of laps brooding in the garage as his wounded race car was cobbled together with spare parts and pieces. When he returned to the track he navigated the circuit like a malicious vulture just waiting for his opportunity to ambush Keselowski. His premeditation was palpable...and unacceptable.
Kevin Harvick took exception to remarks Denny Hamlin made about the Richard Childress Racing (RCR) #33 car’s illegality and resultant penalties. He exacted penance from Hamlin by bashing Hamlin’s bumper as both cars were beginning their first laps of practice at Dover this fall. Expected? It’s Harvick - not necessarily expected, but surprised, no. Accepted/allowable? Borderline. Questionable tactic? Absolutely. Potential for Chase-crushing damage to either car? Intolerable.
Brad Keselowski and Kyle Busch were in the midst of a hard fought Nationwide race at Bristol this August when Busch slid up in front of Keselowski coming down the back stretch. Keselowski was not inclined to lift and fenced Busch. Recovering control of his race car if not his temper, Busch put on a clinic on instantaneous retribution as the two cars exited Turn 4, “I went down on the next corner and dumped him. He does it to everybody else, so why can’t I do that to him.” Busch sailed past to win the race, with Keselowski having to pit and finishing 14th.
I’m a Kyle Busch fan. I should take a pass on rating this one, but I won’t. That whole tangle was done in less than 30 seconds. If you blinked you had to wait for the replay. No apparent rancor or malice, just bam, bam, bam - you did that, so I must do this. Over and done with, let’s move on. Unless of course you wanna call me an ass in front of millions of people tomorrow. The reaction and payback were done in the ‘heat of the moment’. Can’t fault a driver for that in this particular case.
Then there’s the June Pocono race...Harvick and Joey Logano have a close encounter to spawn thousands of sales of “I Wear the Firesuit” t-shirts. (It may be happenstance but Harvick easily wears the mantle of enforcer, a reputation he inherited from his intimidating predecessor at RCR. Rarely does he shy from flexing his Mr. Hyde persona on the racetrack; a complete role-reversal from the Dr. Jekyll seen cuddling chihuahua Lo in pre-race Twitter picture postings.) As the laps wound down that June, Logano had an honest opportunity to make the race a 1-2-3 finish for Joe Gibbs Racing (JGR). Harvick chose to scupper any such chances by deliberately turning Logano. His explanation was lame. "I just got in there and we just wound up getting together. Just two cars going to the same space at one time." This was an instance of pure animosity. Premeditated. Done because he could. Beware though, young Joe grew some stones that day and there’s a long future ahead for payback...
...which brings us to today. Kyle Busch got into the left rear quarter panel of David Reutimann. Reutimann went for a spin as Busch sailed on past. Following a trip to the pits for a tire change necessitated by the spin, Reutimann went back on the track. There he lurked. Waiting in ambush. Waiting for his chance to bushwhack the #18. (Sorry, I couldn’t resist that one.) Was it unexpected? To a degree it was. Busch is in the Chase. Reutimann isn’t. Surely no one would take it upon themselves to intentionally ruin someone’s chance for a Championship because of an error in judgment. Surely not? Busch’s spotter was taking no chances as he relayed the information to his driver. "You're coming up on the wounded 00. Just be wary." Words that were quickly responded to by Busch with “Car's destroyed!!!!!!” Busch reported that Reutimann turned right into him. (We television viewers were away at commercial break so I only heard the exchange.) Busch wanted a swift and sure punishment of Reutimann from NASCAR and let it be known that if nothing was forthcoming he wanted a meeting with them after the race. There was none and Reutimann for all his bother ended up hoist with his own petard. By race’s end Busch was giving a calm, thoughtful interview while Reutimann’s eyes flitted everywhere but the interviewer’s face and camera lens.
Reutimann was upset and under pressure from his crew to retaliate. He did. Under “Have at It Boys” precedent he’s allowed to. Should he have? I think not. Much as teams would like us to believe that Chasers are not raced differently just because they’re in the Chase, don’t you believe it! There is no way that a non-Chase contender should have the power to affect the potential outcome of the Championship. Harken back to that Harvick/Logano tiff at Pocono. Where’s the safeguard to prevent Logano from wresting a Championship title from Harvick at Homestead? What’s to stop Roush Fenway Racing from sending David Ragan on a suicide mission to destroy the Hendrick boys’ shot? Or what’s to stop owner/driver/contender Tony Stewart from siccing a Rocket of redemption on a Busch brother or two? Gentlemen’s honor. Well, we saw how far that went today.
Two songs come to mind.
..
NASCAR’s ”The Battle Hymn of the Republic”
He hath loosed the fateful lightning of His terrible swift sword:
His truth is marching on.
or
The drivers’ “It’s a Scandal! It’s a Outrage!” from “Oklahoma!”
Trapped!
Tricked!
Hoodblinked!
Hambushed!
Which will it be when all is said and done?
There’s a line to be recognized and drawn. A distinction between the legal term for an exception to the hearsay rule called “excited utterances” and “lying in wait.”
Spontaneity of the declarant is a key to admissibility. An excited utterance does not have to be made at time of the startling event, but must be made while the declarant is still in a state of surprise or shock from the incident. The declarant's reflective powers must be stilled, meaning that, while making the statement, the declarant would not have had a chance to reflect upon the startling event, fabricate a purposefully false statement, and then say it. If the declarant is believed to have had time to reflect on the situation before making the statement, the statement would not be spontaneous and thus not an excited utterance. However, under certain circumstances, it is possible for days to have passed before the declarant fully reflects on the event, and "unstills" his or her reflective powers.
Spontaneity is established by the declarant's demeanor, time lapse, and content of the statement. Declarant's appearance of calmness at time statement lessens admissibility. Time lapse between the startling event and the statement is a factor for both admissibility and weight.
Certainly if lawyers can figure this stuff out, then NASCAR can. I propose that if any “Having at It” fits the excited utterance definition it shall be permissible (exceptions always a rule) while any reflection, premeditation type payback be punishable.
It’s complicated and still can vary on a case by case basis.
Like art & porn, I can’t describe it, but I know it when I see it!
It's a Scandal! It's a Outrage!
NASCAR’s decree of “Have at It Boys!” continues to provide fodder for discussion. A subplot of this is in the distinction of when, if ever, to draw the line on retaliation. As Dustin Long wrote, “in the ego-driven world of racing, a lot of times guys are going to get other people back for incidents.” The point of this blog is to ascertain to what degree such paybacks should be allowed and secondarily, is there a statute of limitations for such frontier justice?
Everyone is entitled to his opinion. This happens to be mine.
Last year and at the beginning of this year Brad Keselowski oft times found himself in situations where his driving skills did not align with his intentions. Several drivers found themselves involved in his lessons at the hands of the driving Mercies resulting in torn up race cars, thwarted finishes and roiled emotions. Denny Hamlin fell victim to such indignities enough times to eventually reach the limit of his forbearance and vowed to ‘take care of it’ at a coming race. In the Nationwide finale at Homestead last year Hamlin made good on his vow and spun Keselowski. A good part of both the NASCAR fandom and the NASCAR garage cheered as the brash pretender was given his comeuppance.
Did I cheer? Honestly, yes. Was Hamlin right to exact revenge for past wrongdoings at a different race? Probably, no.
At yet another Nationwide race, this time at Dover last May, on a restart Hamlin spun Clint Bowyer out of second place. The ensuing melee triggered a nine-car, red flag provoking accident. Once the caution flag flew, Bowyer drove out from pit exit and lambasted the side of Hamlin’s car. NASCAR instantly parked Bowyer, sending him to the garage.
Was I astounded? Yes, completely flummoxed. Was Bowyer right to exact what he genuinely believed was his pound of flesh from Hamlin at the first opportune moment? Under NASCAR’s “Have at It Boys” policy, probably yes.
The infamous Carl Edwards/Brad Keselowski simmering feud that erupted into what could have been absolute mayhem? Sorry, Carl. As much as I was rooting for you to ‘pay the little twerp back and teach him a lesson he wouldn’t soon forget’, your method was completely inappropriate. Edwards spent a sizable chunk of laps brooding in the garage as his wounded race car was cobbled together with spare parts and pieces. When he returned to the track he navigated the circuit like a malicious vulture just waiting for his opportunity to ambush Keselowski. His premeditation was palpable...and unacceptable.
Kevin Harvick took exception to remarks Denny Hamlin made about the Richard Childress Racing (RCR) #33 car’s illegality and resultant penalties. He exacted penance from Hamlin by bashing Hamlin’s bumper as both cars were beginning their first laps of practice at Dover this fall. Expected? It’s Harvick - not necessarily expected, but surprised, no. Accepted/allowable? Borderline. Questionable tactic? Absolutely. Potential for Chase-crushing damage to either car? Intolerable.
Brad Keselowski and Kyle Busch were in the midst of a hard fought Nationwide race at Bristol this August when Busch slid up in front of Keselowski coming down the back stretch. Keselowski was not inclined to lift and fenced Busch. Recovering control of his race car if not his temper, Busch put on a clinic on instantaneous retribution as the two cars exited Turn 4, “I went down on the next corner and dumped him. He does it to everybody else, so why can’t I do that to him.” Busch sailed past to win the race, with Keselowski having to pit and finishing 14th.
I’m a Kyle Busch fan. I should take a pass on rating this one, but I won’t. That whole tangle was done in less than 30 seconds. If you blinked you had to wait for the replay. No apparent rancor or malice, just bam, bam, bam - you did that, so I must do this. Over and done with, let’s move on. Unless of course you wanna call me an ass in front of millions of people tomorrow. The reaction and payback were done in the ‘heat of the moment’. Can’t fault a driver for that in this particular case.
Then there’s the June Pocono race...Harvick and Joey Logano have a close encounter to spawn thousands of sales of “I Wear the Firesuit” t-shirts. (It may be happenstance but Harvick easily wears the mantle of enforcer, a reputation he inherited from his intimidating predecessor at RCR. Rarely does he shy from flexing his Mr. Hyde persona on the racetrack; a complete role-reversal from the Dr. Jekyll seen cuddling chihuahua Lo in pre-race Twitter picture postings.) As the laps wound down that June, Logano had an honest opportunity to make the race a 1-2-3 finish for Joe Gibbs Racing (JGR). Harvick chose to scupper any such chances by deliberately turning Logano. His explanation was lame. "I just got in there and we just wound up getting together. Just two cars going to the same space at one time." This was an instance of pure animosity. Premeditated. Done because he could. Beware though, young Joe grew some stones that day and there’s a long future ahead for payback...
...which brings us to today. Kyle Busch got into the left rear quarter panel of David Reutimann. Reutimann went for a spin as Busch sailed on past. Following a trip to the pits for a tire change necessitated by the spin, Reutimann went back on the track. There he lurked. Waiting in ambush. Waiting for his chance to bushwhack the #18. (Sorry, I couldn’t resist that one.) Was it unexpected? To a degree it was. Busch is in the Chase. Reutimann isn’t. Surely no one would take it upon themselves to intentionally ruin someone’s chance for a Championship because of an error in judgment. Surely not? Busch’s spotter was taking no chances as he relayed the information to his driver. "You're coming up on the wounded 00. Just be wary." Words that were quickly responded to by Busch with “Car's destroyed!!!!!!” Busch reported that Reutimann turned right into him. (We television viewers were away at commercial break so I only heard the exchange.) Busch wanted a swift and sure punishment of Reutimann from NASCAR and let it be known that if nothing was forthcoming he wanted a meeting with them after the race. There was none and Reutimann for all his bother ended up hoist with his own petard. By race’s end Busch was giving a calm, thoughtful interview while Reutimann’s eyes flitted everywhere but the interviewer’s face and camera lens.
Reutimann was upset and under pressure from his crew to retaliate. He did. Under “Have at It Boys” precedent he’s allowed to. Should he have? I think not. Much as teams would like us to believe that Chasers are not raced differently just because they’re in the Chase, don’t you believe it! There is no way that a non-Chase contender should have the power to affect the potential outcome of the Championship. Harken back to that Harvick/Logano tiff at Pocono. Where’s the safeguard to prevent Logano from wresting a Championship title from Harvick at Homestead? What’s to stop Roush Fenway Racing from sending David Ragan on a suicide mission to destroy the Hendrick boys’ shot? Or what’s to stop owner/driver/contender Tony Stewart from siccing a Rocket of redemption on a Busch brother or two? Gentlemen’s honor. Well, we saw how far that went today.
Two songs come to mind.
..
NASCAR’s ”The Battle Hymn of the Republic”
He hath loosed the fateful lightning of His terrible swift sword:
His truth is marching on.
or
The drivers’ “It’s a Scandal! It’s a Outrage!” from “Oklahoma!”
Trapped!
Tricked!
Hoodblinked!
Hambushed!
Which will it be when all is said and done?
There’s a line to be recognized and drawn. A distinction between the legal term for an exception to the hearsay rule called “excited utterances” and “lying in wait.”
Spontaneity of the declarant is a key to admissibility. An excited utterance does not have to be made at time of the startling event, but must be made while the declarant is still in a state of surprise or shock from the incident. The declarant's reflective powers must be stilled, meaning that, while making the statement, the declarant would not have had a chance to reflect upon the startling event, fabricate a purposefully false statement, and then say it. If the declarant is believed to have had time to reflect on the situation before making the statement, the statement would not be spontaneous and thus not an excited utterance. However, under certain circumstances, it is possible for days to have passed before the declarant fully reflects on the event, and "unstills" his or her reflective powers.
Spontaneity is established by the declarant's demeanor, time lapse, and content of the statement. Declarant's appearance of calmness at time statement lessens admissibility. Time lapse between the startling event and the statement is a factor for both admissibility and weight. (Wikipedia)
Certainly if lawyers can figure this stuff out, then NASCAR can. I propose that if any “Having at It” fits the excited utterance definition it shall be permissible (exceptions always a rule) while any reflection, premeditation type payback be punishable.
It’s complicated and still can vary on a case by case basis.
Like art & porn, I can’t describe it, but I know it when I see it!
ASCAR’s decree of “Have at It Boys!” continues to provide fodder for discussion. A subplot of this is in the distinction of when, if ever, to draw the line on retaliation. As Dustin Long wrote, “in the ego-driven world of racing, a lot of times guys are going to get other people back for incidents.” The point of this blog is to ascertain to what degree such paybacks should be allowed and secondarily, is there a statute of limitations for such frontier justice?
Everyone is entitled to his opinion. This happens to be mine.
Last year and at the beginning of this year Brad Keselowski oft times found himself in situations where his driving skills did not align with his intentions. Several drivers found themselves involved in his lessons at the hands of the driving Mercies resulting in torn up race cars, thwarted finishes and roiled emotions. Denny Hamlin fell victim to such indignities enough times to eventually reach the limit of his forbearance and vowed to ‘take care of it’ at a coming race. In the Nationwide finale at Homestead last year Hamlin made good on his vow and spun Keselowski. A good part of both the NASCAR fandom and the NASCAR garage cheered as the brash pretender was given his comeuppance.
Did I cheer? Honestly, yes. Was Hamlin right to exact revenge for past wrongdoings at a different race? Probably, no.
At yet another Nationwide race, this time at Dover last May, on a restart Hamlin spun Clint Bowyer out of second place. The ensuing melee triggered a nine-car, red flag provoking accident. Once the caution flag flew, Bowyer drove out from pit exit and lambasted the side of Hamlin’s car. NASCAR instantly parked Bowyer, sending him to the garage.
Was I astounded? Yes, completely flummoxed. Was Bowyer right to exact what he genuinely believed was his pound of flesh from Hamlin at the first opportune moment? Under NASCAR’s “Have at It Boys” policy, probably yes.
The infamous Carl Edwards/Brad Keselowski simmering feud that erupted into what could have been absolute mayhem? Sorry, Carl. As much as I was rooting for you to ‘pay the little twerp back and teach him a lesson he wouldn’t soon forget’, your method was completely inappropriate. Edwards spent a sizable chunk of laps brooding in the garage as his wounded race car was cobbled together with spare parts and pieces. When he returned to the track he navigated the circuit like a malicious vulture just waiting for his opportunity to ambush Keselowski. His premeditation was palpable...and unacceptable.
Kevin Harvick took exception to remarks Denny Hamlin made about the Richard Childress Racing (RCR) #33 car’s illegality and resultant penalties. He exacted penance from Hamlin by bashing Hamlin’s bumper as both cars were beginning their first laps of practice at Dover this fall. Expected? It’s Harvick - not necessarily expected, but surprised, no. Accepted/allowable? Borderline. Questionable tactic? Absolutely. Potential for Chase-crushing damage to either car? Intolerable.
Brad Keselowski and Kyle Busch were in the midst of a hard fought Nationwide race at Bristol this August when Busch slid up in front of Keselowski coming down the back stretch. Keselowski was not inclined to lift and fenced Busch. Recovering control of his race car if not his temper, Busch put on a clinic on instantaneous retribution as the two cars exited Turn 4, “I went down on the next corner and dumped him. He does it to everybody else, so why can’t I do that to him.” Busch sailed past to win the race, with Keselowski having to pit and finishing 14th.
I’m a Kyle Busch fan. I should take a pass on rating this one, but I won’t. That whole tangle was done in less than 30 seconds. If you blinked you had to wait for the replay. No apparent rancor or malice, just bam, bam, bam - you did that, so I must do this. Over and done with, let’s move on. Unless of course you wanna call me an ass in front of millions of people tomorrow. The reaction and payback were done in the ‘heat of the moment’. Can’t fault a driver for that in this particular case.
Then there’s the June Pocono race...Harvick and Joey Logano have a close encounter to spawn thousands of sales of “I Wear the Firesuit” t-shirts. (It may be happenstance but Harvick easily wears the mantle of enforcer, a reputation he inherited from his intimidating predecessor at RCR. Rarely does he shy from flexing his Mr. Hyde persona on the racetrack; a complete role-reversal from the Dr. Jekyll seen cuddling chihuahua Lo in pre-race Twitter picture postings.) As the laps wound down that June, Logano had an honest opportunity to make the race a 1-2-3 finish for Joe Gibbs Racing (JGR). Harvick chose to scupper any such chances by deliberately turning Logano. His explanation was lame. "I just got in there and we just wound up getting together. Just two cars going to the same space at one time." This was an instance of pure animosity. Premeditated. Done because he could. Beware though, young Joe grew some stones that day and there’s a long future ahead for payback...
...which brings us to today. Kyle Busch got into the left rear quarter panel of David Reutimann. Reutimann went for a spin as Busch sailed on past. Following a trip to the pits for a tire change necessitated by the spin, Reutimann went back on the track. There he lurked. Waiting in ambush. Waiting for his chance to bushwhack the #18. (Sorry, I couldn’t resist that one.) Was it unexpected? To a degree it was. Busch is in the Chase. Reutimann isn’t. Surely no one would take it upon themselves to intentionally ruin someone’s chance for a Championship because of an error in judgment. Surely not? Busch’s spotter was taking no chances as he relayed the information to his driver. "You're coming up on the wounded 00. Just be wary." Words that were quickly responded to by Busch with “Car's destroyed!!!!!!” Busch reported that Reutimann turned right into him. (We television viewers were away at commercial break so I only heard the exchange.) Busch wanted a swift and sure punishment of Reutimann from NASCAR and let it be known that if nothing was forthcoming he wanted a meeting with them after the race. There was none and Reutimann for all his bother ended up hoist with his own petard. By race’s end Busch was giving a calm, thoughtful interview while Reutimann’s eyes flitted everywhere but the interviewer’s face and camera lens.
Reutimann was upset and under pressure from his crew to retaliate. He did. Under “Have at It Boys” precedent he’s allowed to. Should he have? I think not. Much as teams would like us to believe that Chasers are not raced differently just because they’re in the Chase, don’t you believe it! There is no way that a non-Chase contender should have the power to affect the potential outcome of the Championship. Harken back to that Harvick/Logano tiff at Pocono. Where’s the safeguard to prevent Logano from wresting a Championship title from Harvick at Homestead? What’s to stop Roush Fenway Racing from sending David Ragan on a suicide mission to destroy the Hendrick boys’ shot? Or what’s to stop owner/driver/contender Tony Stewart from siccing a Rocket of redemption on a Busch brother or two? Gentlemen’s honor. Well, we saw how far that went today.
Two songs come to mind.
..
NASCAR’s ”The Battle Hymn of the Republic”
He hath loosed the fateful lightning of His terrible swift sword:
His truth is marching on.
or
The drivers’ “It’s a Scandal! It’s a Outrage!” from “Oklahoma!”
Trapped!
Tricked!
Hoodblinked!
Hambushed!
Which will it be when all is said and done?
There’s a line to be recognized and drawn. A distinction between the legal term for an exception to the hearsay rule called “excited utterances” and “lying in wait.”
Spontaneity of the declarant is a key to admissibility. An excited utterance does not have to be made at time of the startling event, but must be made while the declarant is still in a state of surprise or shock from the incident. The declarant's reflective powers must be stilled, meaning that, while making the statement, the declarant would not have had a chance to reflect upon the startling event, fabricate a purposefully false statement, and then say it. If the declarant is believed to have had time to reflect on the situation before making the statement, the statement would not be spontaneous and thus not an excited utterance. However, under certain circumstances, it is possible for days to have passed before the declarant fully reflects on the event, and "unstills" his or her reflective powers.
Spontaneity is established by the declarant's demeanor, time lapse, and content of the statement. Declarant's appearance of calmness at time statement lessens admissibility. Time lapse between the startling event and the statement is a factor for both admissibility and weight.
Certainly if lawyers can figure this stuff out, then NASCAR can. I propose that if any “Having at It” fits the excited utterance definition it shall be permissible (exceptions always a rule) while any reflection, premeditation type payback be punishable.
It’s complicated and still can vary on a case by case basis.
Like art & porn, I can’t describe it, but I know it when I see it!
Sunday, July 25, 2010
Change "The Chase"
Change The Chase? Sure, why not? Here’s how I’d do it.
1) You win, you’re in.
Simple and easy to understand. People say they want more exciting racing. Well, imagine the excitement of the finish of every race, the winning of which guarantees entry into The Chase. Even rain delay strategies take on new importance.
Fine, but how to keep ‘em wantin’ to win after they’re in?
2) Change the amount of bonus points awarded for each win.
For win #1, a driver gets 10 bonus points and Chase entry. For win #2, driver awarded 20 bonus points. Win #3 = 30, win #4 = 40, etc. In my opinion, if you’re dominating the regular season enough to have multiple wins you deserve a reward for that dominance with more than 10 points per win. As it now stands one DNF in The Chase and those bonus points are wiped out. (Reference: Busch Blowup 2008) By building the value of each regular season win, excellence is more highly rewarded.
3) Keep what’s right with the current Chase.
Consistency should count. Continue to have the top points earners as Chase entrants. I’m not particular as to whether that’s the top 10 or top 12 in points standings. Tweak as appropriate. Call it the Earnhardt Clause if you want but every driver has fans so I’d keep 12. The more drivers included in The Chase, the more fans still with a vested interest in it.
As I write this, 7 of the 12 current Chase contenders have no wins. I have no argument that they should be excluded. Imagine the 2010 Chase without Jeff Gordan or Tony Stewart. No, thank you. The Chase can only be improved by the inclusion of these perennial favorites. Let’s improve it further by adding in this year’s winning drivers who have not garnered enough points to make the current list. Is the Championship race tainted by including Jamie McMurray, Ryan Newman & David Reutimann? Absolutely not! Take a poll of the most popular, feel-good wins of the season and those 3 names most likely top the list.
So under this system, were The Chase to begin tomorrow, there would be 15 drivers (and their fans) into the Championship. Here is the list with adjusted bonus points...
Denny Hamlin - 150
Jimmie Johnson - 150
Kevin Harvick - 30
Kurt Busch - 30
Kyle Busch - 30
Jamie McMurray - 30
Ryan Newman - 10
David Reutimann - 10
Jeff Gordon - 0
Jeff Burton - 0
Matt Kenseth - 0
Tony Stewart - 0
Carl Edwards - 0
Greg Biffle - 0
Clint Bowyer - 0
Seems equitable to me... unless you’re a Dale Jr. fan. Sorry ‘bout that but I refuse to include a fan vote for this one.
1) You win, you’re in.
Simple and easy to understand. People say they want more exciting racing. Well, imagine the excitement of the finish of every race, the winning of which guarantees entry into The Chase. Even rain delay strategies take on new importance.
Fine, but how to keep ‘em wantin’ to win after they’re in?
2) Change the amount of bonus points awarded for each win.
For win #1, a driver gets 10 bonus points and Chase entry. For win #2, driver awarded 20 bonus points. Win #3 = 30, win #4 = 40, etc. In my opinion, if you’re dominating the regular season enough to have multiple wins you deserve a reward for that dominance with more than 10 points per win. As it now stands one DNF in The Chase and those bonus points are wiped out. (Reference: Busch Blowup 2008) By building the value of each regular season win, excellence is more highly rewarded.
3) Keep what’s right with the current Chase.
Consistency should count. Continue to have the top points earners as Chase entrants. I’m not particular as to whether that’s the top 10 or top 12 in points standings. Tweak as appropriate. Call it the Earnhardt Clause if you want but every driver has fans so I’d keep 12. The more drivers included in The Chase, the more fans still with a vested interest in it.
As I write this, 7 of the 12 current Chase contenders have no wins. I have no argument that they should be excluded. Imagine the 2010 Chase without Jeff Gordan or Tony Stewart. No, thank you. The Chase can only be improved by the inclusion of these perennial favorites. Let’s improve it further by adding in this year’s winning drivers who have not garnered enough points to make the current list. Is the Championship race tainted by including Jamie McMurray, Ryan Newman & David Reutimann? Absolutely not! Take a poll of the most popular, feel-good wins of the season and those 3 names most likely top the list.
So under this system, were The Chase to begin tomorrow, there would be 15 drivers (and their fans) into the Championship. Here is the list with adjusted bonus points...
Denny Hamlin - 150
Jimmie Johnson - 150
Kevin Harvick - 30
Kurt Busch - 30
Kyle Busch - 30
Jamie McMurray - 30
Ryan Newman - 10
David Reutimann - 10
Jeff Gordon - 0
Jeff Burton - 0
Matt Kenseth - 0
Tony Stewart - 0
Carl Edwards - 0
Greg Biffle - 0
Clint Bowyer - 0
Seems equitable to me... unless you’re a Dale Jr. fan. Sorry ‘bout that but I refuse to include a fan vote for this one.
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