Family of high driver killed by Tony Stewart in track crash hit out at grand jury decision NOT to indict the NASCAR champion

  • Statement from family claims that Stewart was the only car accelerating during caution 
  • Kevin Ward Jr, 20, died August 9 after being struck by Stewart's car at a dirt-track race in upstate New York 
  • Ontario County District Attorney Michael Tantillo said Wednesday that Ward had enough marijuana in his system that night to 'impair judgement'
  • Grand jury issued their decision on Wednesday not to charge Stewart, 43  
  • They deliberated for less than an hour on whether to charge Stewart with second-degree manslaughter or criminally negligent homicide  

The family of deceased sprint car racer Kevin Ward, Jr., declared the case of their son's death 'is not at rest' and claimed that Tony Stewart 'intentionally tried to intimidate Kevin.' 

A grand jury decided not to indict the three-time NASCAR champion Wednesday, who struck and killed Ward in a horrifying crash that was caught on film.

At an afternoon press conference announcing the decision, Ontario County District Attorney Michael Tantillo said there was 'no aberrational driving' on the part of Stewart.

Tantillo also made the startling revelation that Ward was under the influence of marijuana the night he was hit and that there was enough of the drug in his system 'to impair judgement'.  

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No charges: A grand jury has decided not to charge Tony Stewart (pictured) in the death of fellow driver Kevin Ward, Jr, who was hit and killed in a sprint race last month

No charges: A grand jury has decided not to charge Tony Stewart (pictured) in the death of fellow driver Kevin Ward, Jr, who was hit and killed in a sprint race last month

Victim: Kevin Ward Jr, 20, died August 9 after being struck by Stewart's car at a dirt-track race in upstate New York. It was revealed Wednesday that Ward was under the influence of marijuana at the time of his death - enough to 'impair judgement' 

Victim: Kevin Ward Jr, 20, died August 9 after being struck by Stewart's car at a dirt-track race in upstate New York. It was revealed Wednesday that Ward was under the influence of marijuana at the time of his death - enough to 'impair judgement' 

The family released a statement claiming that Stewart was accelerating through a caution as all other drivers slowed.

The statement says Stewart 'intentionally tried to intimidate Kevin by accelerating and sliding his car towards him' and that the talk about Ward only confuses the issue.

'The focus should be on Mr. Stewart and not my son. This matter is not at rest and we will pursue all remedies in fairness to Kevin.' 

Ward was fatally struck by Stewart while getting out of his car to confront the racing veteran, after the two collided on a prior lap at a race on August 9 at upstate New York's Canandaigua Motorsports Park track.

No toxicology tests were conducted on Stewart, following New York law, but he was interviewed that night by a certified drug recognition expert, Tantillo said. 

Tantillo says he informed Ward's father of the decision, and that while Ward Sr was 'disappointed', he appreciated the work done on the investigation. 

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The grand jury deliberated for less than an hour on whether to bring up charges of second-degree manslaughter or criminally negligent homicide before determining 'that there is no basis to charge Tony Stewart with any crimes'.

Tantillo said the grand jury saw accident reconstructions, reviewed photographs and two video recordings of the incident, heard from witnesses and was presented other evidence before voting on Wednesday not to indict Stewart.  

Moments before: Kevin Ward Jr appears right in front of Stewart's car, in a YouTube grab from the deadly collision

Moments before: Kevin Ward Jr appears right in front of Stewart's car, in a YouTube grab from the deadly collision

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.

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. As Stewart approached Ward, his car appeared to swerve, striking Ward and throwing him 50 feet. 

Stewart, who had often driven in non-NASCAR races because of his love for competition, went into seclusion for the next three weeks. He returned to NASCAR on August 31.

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.

Ontario County District Attorney Michael Tantillo (pictured) announced the grand jury's decision at an afternoon press conference on Wednesday

Ontario County District Attorney Michael Tantillo (pictured) announced the grand jury's decision at an afternoon press conference on Wednesday

 

 

 

 

 

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