Tony Stewart will not face criminal charges in death of Kevin Ward Jr.

An upstate New York grand jury decided not to bring charges against NASCAR star Tony Stewart, announcing its decision Wednesday afternoon in Ontario County.

Stewart struck and killed driver Kevin Ward Jr. during a sprint car race at Canandaigua Motorsports Park on Aug. 9. Video of the incident showed Ward exit his car following a collision with Stewart and walk toward the parade of cars under caution. Driver Chuck Hebing appeared to swerve to avoid striking Ward, but Stewart’s car hit the 20-year-old. Ward was pronounced dead upon arrival at Thompson Hospital later that night. An autopsy later found the cause was massive blunt trauma.

Ontario County District Attorney Michael Tantillo revealed during his press conference Wednesday that toxicology reports found enough marijuana in Ward’s system at the time of his death to impair his judgement.

“This has been the toughest and most emotional experience of my life, and it will stay with me forever,” Stewart said. “I’m very grateful for all the support I’ve received and continue to receive.
”I respect everything the District Attorney and Sheriff’s Office did to thoroughly investigate this tragic accident. While the process was long and emotionally difficult, it allowed for all the facts of the accident to be identified and known.
“While much of the attention has been on me, it’s important to remember a young man lost his life. Kevin Ward Jr.‘s family and friends will always be in my thoughts and prayers.”

Ontario County Sheriff Philip Povero investigated the incident for more than a month, including viewing enhanced video of the incident, interviewing Stewart and speaking with experts, before turning his findings over to Tantillo. Five days later, the DA decided to hand the case over to a grand jury.

The jury heard testimony Tuesday from Hebing as well as two dozen others -- ranging from other drivers to race track employees to accident reconstruction experts and medical personnel -- this week before reaching its finding.

The grand jury also had the options of finding manslaughter in the second degree or criminally negligent homicide. Twelve of 23 grand jurors would have had to vote in favor of bringing criminal charges against Stewart in order for that to occur.

After the incident, Stewart decided to skip his next three scheduled Sprint Cup races before returning to the track at Atlanta Motor Speedway. He expressed sadness in a press release, stating, “There aren’t words to describe the sadness I feel about the accident that took the life of Kevin Ward Jr.” Speaking publicly about the incident for the first time on Aug. 29, Stewart said, “This is something that will definitely affect my life forever. This is a sadness and a pain I hope no one ever has to experience in their life.”

NASCAR made the decision to issue no punishment to Stewart and went so far as to bend its own rules in order to allow him a chance to qualify for the Chase for the Sprint Cup. Drivers who missed a race during the season were to be disqualified, but NASCAR would have allowed Stewart had he qualified by winning the final race before the Chase (Richmond) or earning his way in on points.

Although Stewart will not face criminal charges, Ward’s family still has the option of bringing a wrongful death lawsuit against him in an attempt to seek compensatory damages.

The Ward family indicated in a statement to the Associated Press it will explore such a possibility.

“Our son got out of his car during caution when the race was suspended. All the other vehicles were reducing speed and not accelerating except for Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing the tragedy. The focus should be on the actions of Mr. Stewart. This matter is not at rest and we will pursue all remedies in fairness to Kevin.”