Stewart, 43, one of the biggest names in auto racing, struck and
killed Kevin Ward Jr., 20, during a non-NASCAR sprint-car race on
Aug. 9 on a dimly lit part of the Canandaigua Motorsports Park
track, about an hour's drive west of Syracuse.
Ontario County District Attorney Michael Tantillo said authorities
submitted possible charges of manslaughter in the second degree and
criminally negligent homicide against Stewart, and the grand jury
"determined that there is no basis to charge Tony Stewart with any
crimes."
Toxicology tests indicated that Ward was under the influence of
marijuana that night, at levels "enough to impair judgment,"
Tantillo told a news conference. He said Stewart was not tested, but
he was interviewed that night by a certified drug recognition
expert, who did not find any impairment.
Stewart said in a statement: "This has been the toughest and most
emotional experience of my life, and it will stay with me forever."
The Ward family said the "matter is not at rest and we will pursue
all remedies in fairness to Kevin."
"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 toward him causing this tragedy,"
the family said in a statement.
Authorities maintained early in the investigation there was no
evidence of criminal behavior by Stewart, but refrained from
clearing him while they tried to determine if he hit the throttle as
he approached Ward.
Tantillo said the grand jury saw accident reconstructions, reviewed
photographs and two video recordings of the incident, heard from
witnesses and was presented with other evidence. It deliberated less
than an hour before deciding on Wednesday not to indict Stewart.
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NEW NASCAR RULES
Stewart and Ward bumped cars during the race and the collision sent
Ward into an outside retaining wall while Stewart remained in the
race. Ward jumped from his car in an apparent attempt to confront
Stewart during the ensuing caution period.
When Stewart's car came around on the next lap, Ward, while in the
middle of the track, pointed at Stewart. Stewart's vehicle struck
Ward, throwing him 50 feet (15 meters). Ward was pronounced dead at
a hospital near the track.
Tantillo said the videos showed no "aberrational driving" by
Stewart, whose car he said was going fairly straight until it veered
up the track after striking Ward.
Stewart, who had often driven in non-NASCAR races, went into
seclusion for the next three weeks. He returned to NASCAR on Aug. 31
but has not finished in the top 10 since his return and has been
winless this year.
NASCAR introduced rules following the fatal incident that forbid
drivers from getting out of their cars during caution periods until
permitted to by a track safety official.
(Reporting by David Bailey in Minneapolis; Additional reporting by
Lewis Franck; Editing by Peter Cooney and Eric Beech)
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