Also, relooking into the video of the original vehicle collision that started the mess, the other driver does seem to turn his wheels intentionally in a way to smack into the other vehicle and cause him to crash out..... but as far as I know, that's not a criminal act in racing and the driver was well and alive at that point.
Third Look: Nope, he's just trying to control his drift and just so happened to clip Kevin who should have been aware of the proximity and should have avoided the crash due to him being in front of him and in clear view.
It could have been left at that and the racing officials could have dealt with the matter, but he decided to hop out of his car and prance around on the active race course and then hop back and forth while pointing and screaming.... that road doesn't seem to have the best traction for racing and control and when you got a guy bobbing left and right on the race track, even if you did see him there, you would be trying to avoid him, but like a deer, do you swerve left or swerve right to avoid the collision?
I certainly don't think the driver who hit him had the intentions of actually hitting him and killing him.... that just makes your life more complicated.
This is an accident plain and simple.... an accident created by the idiot hopping out of his card during an active race and strolling through passing race cars.
If Tony Stewart didn't hit him, chances are another car would have clipped him eventually. The blue car that went by just before he was hit came pretty damn close to hitting him too.