YouTube took down the link I originally posted, not surprisingly.
ETA: Deadspin has it though.
This looks bad for Tony Stewart.
Bad is an understatement.
In terms of "court of law" it's hard to know "beyond a reasonable doubt" - but anyone with reason has to pin the blame here on Tony 90%. I would blame the kid, because it was stupid to be out there flagging Tony - but I've seen this plenty of times where there's a wreck and a guy goes a few steps to flag away at the car / driver that hit them.
I've NEVER seen a driver purposely go TOWARD the angry flagger. EVER. If anything, I've seen the car slow, maybe with the driver gesturing back, and/or slow down and move AWAY from the guy just to be safe, perhaps also while gesturing.
But never this, ever.
So while I do have to give the kid that Tony killed a little blame, this absolutely happened because, and only because, Tony Stewart moved toward him. His motivation? Probably to show the kid up, or maybe he simply didn't think at ALL what he was doing / the consequences, just a burst of anger, which we've seen Tony show many, many times before. We can't know the motivation.
We do, however, know that Stewart gunned it and went toward the kid. Is it hard to assume that one of if not the best driver on the planet did that on purpose, seeing as he is, um, one of if not the best driver on the planet?
It happened on the track, no way he get's convicted. But Stewart is scum.