I think you are on to something here. The video appears to be taken from the front stretch. Probably from the grandstands or track camera. Any sounds would be from cars on the front stretch.
I'm sure the trial lawyers have been ringing the family's phone off the hook. There's millions to be made here. I'm sure they could find some "technical expert" that would say it was deliberate on Stewart's part.
Stewart should have gotten as far away from Kevin as he could. Split second decision by an experienced driver?? That's what racing is about.