By KEVIN KELLY
© St. Petersburg Times, published March 8, 2001
Since the Volusia County Medical Examiner's Office ruled Dale Earnhardt's death in the Daytona 500 was an accident, the Daytona Beach Police Department has allowed NASCAR to take the lead on the investigation.
"As far as we're concerned, there is no criminal aspect to this case," Sgt. Al Tolley, a Daytona Beach police spokesman, said Wednesday. "The case remains pending until everything that could be done has been done.
"If new information is brought to us, we'll evaluate that. If no information is brought to us, then the investigator will look into it and re-contact some people and then close it as accidental death."
Earnhardt, a seven-time Winston Cup champion, died from a basal skull fracture when his car slammed into the Turn 4 wall on the last lap of the Feb. 18 race.
A broken left lap belt may have contributed to his fatal injuries.
"I'm not an expert on race cars," said Detective Robert Walker, the lead investigator. "I would not know what to look for in the safety equipment. I know the drivers wear shoulder harnesses and seat belts, but I'm no expert on determining what's safe and what's not safe."
Walker said NASCAR officials told him the day after Earnhardt's crash they would relay any findings from their research. He had not heard anything by Wednesday afternoon.
"I know they're doing what they call 'dissecting the vehicle' or a vehicle-type of autopsy where they pretty much look it over and see what's going on," Walker said. "I'm not really sure what that entails. That's why I'm waiting to see their report. I was told (Earnhardt's car) was somewhere up North, in one of their shops."
NASCAR officials said in a Feb. 23 news conference that testing would take place following the discovery of the broken lap belt in Earnhardt's car.
They did not specify what type of testing would be conducted, who was doing it or where it would take place.
"We've got some experts in the field that are looking at it," Winston Cup director Gary Nelson said. "That's all we would like to say about it."
The hands-off approach in Daytona Beach differs greatly to that of Loudon, N.H., police Chief Robert Fiske last year.
Fiske called for a face-to-face meeting with current NASCAR president Mike Helton after he felt his officers were treated unfairly after driver Kenny Irwin's fatal crash during a practice session at New Hampshire International Speedway.
Fiske said he wasn't notified of Irwin's crash for two hours, that the car was removed from the scene almost immediately and was released and shredded before Loudon's investigation was completed.
"I think everyone kind of takes the position the agency in the best position to (investigate) is NASCAR," said Dave Byron, spokesman for the Volusia County medical examiner. "If, however, there were evidence of some type of foul play that obviously would fall into the criminal aspects."
Tolley, the Daytona Beach police spokesman, said fatalities on the racetrack are handled differently because it is not considered a roadway by law.
"We're required by law to investigate crashes that occur on the highways to motor vehicles," he said. "The track is private property. It is a race track. The cars that are on it are race cars. We are not required by law to investigate it as a crash."