i agree that this won't likely result in anything criminal but you don't need to prove intent to charge him with a crime. you need intent to prove murder in a situation like this but stewart could be guilty of manslaughter even if everyone agreed he didn't intend to hit the guy. if it could be proven that stewart did something reckless and a death resulted, that very well could be manslaughter.
for instance, if you could prove the stewart was driving fast and intended to scare the guy but fucked up and hit him instead, that's probably manslaughter.,
Ah, yeah. It happened on a RACEtrack. Notice how that circle of road doesnt have any crosswalks?