It absolutely matters. You didn't answer the question, but I'm assuming you can clearly see that he did almost get hit twice by two other cars before ultimately being hit by Stewart's car. You can also clearly see that the #45 car moves in the same action that Stewart's car moves when attempting to avoid Ward. Now surely you don't think that the two other cars were trying to run down Ward.....or that they were also trying to intimidate him, do you? You're talking about inches, not feet. The problem is Ward wasn't confronting #45...he was confronting Stewart and got a little too close. People can construe this as Stewart trying to intimidate the kid or trying to hit him. But if that is true than they also have to admit that the first two cars were trying to do the same thing. In which case they should be clamoring for both of those drivers to be brought up on charges as well. Attempted vehicular homicide, reckless endangerment or the like. But no one is saying that because neither of those drivers are well known.