Tony Stewart case to go before grand jury in New York

The Tony Stewart case will go before a grand jury, the Ontario County (N.Y.) District Attorney’s office said in a statement Tuesday.

Stewart struck and killed Kevin Ward Jr., 20, during a sprint car race Aug. 9 at Canandaigua (N.Y.) Motorsports Park.

“Over the past several weeks, I have reviewed with members of the Ontario County Sheriff’s Department their investigation, as it progressed, in the Tony Stewart matter,” D.A. Michael Tantillo said. “Recently that office concluded its work and forwarded the complete case file to me. Upon my review of all of the information contained in the entire investigation, I have made the determination that it would be appropriate to submit the evidence to a grand jury, for their determination as to what action should be taken in this matter.

“Accordingly, the evidence developed in the investigation will be presented to an Ontario County grand jury in the near future.”

Because grand jury proceedings in the State of New York are strictly confidential by law, Tantillo cannot say when the grand jury will convene on the Stewart case. Nor can Tantillo discuss who will be called as potential witnesses or what their testimonies might say.

The grand jury consists of 23 members with a majority having to agree the evidence shows that the prosecutor could prove the charges.

Shortly after the DA’s announcement, Stewart released a statement through Stewart-Haas Racing, the NASCAR team he co-owns. In addition to Stewart, SHR fields cars for Kevin Harvick, Danica Patrick and Kurt Busch.

“I respect the time and effort spent by both the Ontario County District Attorney and the Sheriff’s Office in investigating this tragic accident,” Stewart said. “I look forward to this process being completed, and I will continue to provide my full cooperation.”

Ward was out of his car and on foot after a racing accident involving Stewart. He was walking towards the racing surface when the right-rear of Stewart’s car clipped Ward. He was taken to a local hospital and pronounced dead on arrival. An autopsy report determined Ward died of blunt force trauma.

Stewart missed three races following Ward’s death. The three-time Sprint Cup champion returned Aug. 31 at Atlanta Motor Speedway. SHR confirmed Stewart will compete in Sunday’s NASCAR race at New Hampshire Motor Speedway.

NASCAR announced it will continue to monitor the case:

“We are aware of the completed investigation and the announced next steps,” NASCAR chief communications officer Brett Jewkes said in a statement. “First, our thoughts continue to be with all who have been impacted by this tragedy. We will monitor this process and stay in close contact with Stewart-Haas Racing. It would be inappropriate for NASCAR to comment on this case so we will continue to respect the process and authorities involved.”