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Last updated on Wednesday, September 24, 2014
(CANANDAIGUA, NY) - Tony Stewart will not face criminal charges in Kevin Ward Jr.’s death, a grand jury in upstate New York decided.
The Ontario County District Attorney's office took the evidence in Stewart's case to a grand jury, which found there was no basis for criminal charges, D.A. Michael Tantillo announced Wednesday.
Tantillo said toxicology reports revealed that Ward was under the influence of marijuana at a high enough level to impair judgment.
Tantillo said there were two charges submitted for consideration by the grand jury against Stewart: manslaughter in the second degree and criminally negligent homicide. He said neither received the necessary 12 votes from the grand jury to charge Stewart. The grand jury heard the evidence and deliberated "over the better part of two days," Tantillo said.
Tantillo said Stewart was presented the opportunity to testify but wouldn't confirm whether he did.
Tantillo said two videos of the incident were examined and revealed there was "no aberrational driving by Tony Stewart."
Stewart still could face a civil suit from Ward's family.
The grand jury's decision is a major relief to both Stewart and the NASCAR community, which has been under a cloud since Stewart struck and killed Ward in an Aug. 9 sprint car race at Canandaigua Motorsports Park.
Tantillo said approximately two dozen witnesses testified. Two videos, photos and "other documentary evidence" also were reviewed.
"After listening to and questioning all of the witnesses, and reviewing all of the evidence, the grand jury has determined that there is no basis to charge Tony Stewart with any crimes; his case was "No-Billed" by the grand jury," Tantillo said in a statement released prior to his press conference.
All along, statements from Stewart-Haas Racing referred to Ward's death as an "accident." Now, it's clear the 23-member grand jury agreed there wasn't sufficient evidence to suggest Stewart was negligent.
This means Stewart can move forward with his racing career knowing SHR -- which he co-owns -- and his sponsorship situation stands to remain intact.
The finding is consistent with the initial statements by Sheriff Phillip Povero, who said there was no evidence to suggest any wrongdoing on Stewart's part.
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