You must have missed the footage from the video everyone else has seen. It was clear and loud Tony tried to intimidate his opponent by brushing him back or maybe just trying to spray him with dirt. He floored the throttle at the last place he should have for a racer under caution, this near the vacinity of the wreck.
He has miles and miles of documented experience in a variety of racing skills, he is great at what he does. On the other hand he has reached the age where those skills tail off. Did he try to make a move he could have pulled off a few years ago? We may never know but from what I have seen he killed a man and that alone calls for a criminal investigation. Of course he is considered innocent for now...