Tony Stewart will not be charged for the death of driver Kevin Ward Jr.
Prosecutors announced Wednesday that a grand jury decided against criminal charges in the August 9 sprint car accident in upstate New York. One surprising fact released — and one that, according to Ontario County D.A. Michael Tantillo, factored into the decision — was that Ward was under the influence of marijuana the night of the accident, “enough to impair judgment.” Investigators also concluded that there was “no aberrational driving by Stewart.”
Stewart said in a statement, “This has been the toughest and most emotional experience of my life, and it will stay with me forever. 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.”
Criminal intent was hardly considered in the case, as it would have been extremely difficult to prove Stewart ever tried to hit Ward on purpose. However, the grand jury was asked to consider charges of second-degree manslaughter and criminally negligent homicide. All were dismissed.
The video of the accident can be found here. Warning — the video is graphic.
Reportedly, authorities said the first car to pass Ward had to swerve to avoid hitting him, something you don’t clearly see in the video. It should also be noted that the front of Stewart’s car avoids Ward; it’s his right rear tire that strikes Ward upon the pass.
Ward’s family said in a statement to ESPN on Wednesday: “Our son got out of his car during caution, while the race was suspended. All other vehicles were reducing speed and not accelerating except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car towards him, causing this tragedy.
“The focus should be on the actions of Tony Stewart and not Kevin. The matter is not at rest and we will pursue all remedies, in fairness to Kevin.”
Based on those comments, this case may be far from over.
Related: NASCAR Implements New Rules In Wake Of Tony Stewart Incident
Josh Helmuth is the editor of CraveOnline Sports.
Photo Credit: Getty
