Stewart makes no attempt to miss the guy, and even turns into him a little.
You clearly have an axe to grind or you are unreasonable.
The video posted in this thread - the only one I've seen on the Net so far - pans away from the guy who got hit right before Stewart's car gets there, and so we only see a split second of Stewart before he has reached the guy. It's not even just unreasonable - it's ridiculous - to say that "he makes no attempt to miss the guy." You'd have to have a lot more video to see the path he was on.
Your conclusion here is UNREASONABLE.
Other drivers had no problem missing the guy.
He stayed up near his car until just before Stewart came around. He only started moving down the track a few cars in front of Stewart. So, really, only a car or two had to avoid the guy, and, of course, it was Stewart he wanted to go after, so he may have been even closer to Stewart's car - hard to see.
Your conclusion here is UNREASONABLE.
When there's a wreck on top, you drop the to the bottom.
Sounds reasonable. But your implication is that Stewart was intentionally "high". Problem is, that track didn't look 4 cars wide. The guy's wreck was at the top. He was occupying the second width from the top. The car that passed before Stewart was in the 2nd spot. Stewart looked about 2 or 3 feet higher than that.
It's UNREASONABLE to imply that Stewart was "high" on the track inappropriately. He was about in the middle, and a least a car and half's width from the wreck. The problem was the idiot running around in the middle of the track.
Point is this. You are emotional/irrational about this. Not sure why. But when you make claims like "he didn't try to steer away from the guy" and all we have is 1/10th of a second of his driving path, it makes it clear that you want this guy guilty of murder no matter what.
In any event, I think it's not impossible that Stewart intentionally boarded the guy. Then intentionally drove close to him to try to give him the big Screw U. Heck, I even think it's possible, although unlikely, that he tried to hit the dude to send a message. Jeez - it's even possible that he tried to kill the guy.
But the evidence we have doesn't come close to supporting that claim, unless we're living in medieval England and the King had money on the dead guy.
What NASCAR should say about this is: "we sorry we've been remiss in our duty to protect our drivers. After today, getting out of your car unless there is a [color] flag out is an automatic 1 year ban."
What they will say is something about unfortunate accident, we'll review the rules, implement one a few days to weeks or months later that purports to solve the problem, and clear Stewart. Bank it.