Grand jury in upstate New York decides against charging Tony Stewart

A grand jury decided Wednesday that NASCAR’s Tony Stewart will not face criminal charges for his role in the August death of a driver at a sprint car race in upstate New York.

But that hasn’t eased the heartache felt by Stewart, whose car struck and killed Kevin Ward Jr. at a dirt track race on Aug. 9 at Canandaigua Motorsports Park the night before a NASCAR Sprint Cup race in nearby Watkins Glen.

“This has been the toughest and most emotional experience of my life, and it will stay with me forever,” Stewart said in a news release after prosecutors in Ontario County announced they did not have evidence to suggest Stewart meant to harm Ward.

“While much of the attention has been on me, it’s important to remember a young man lost his life.”

Ontario County District Attorney Michael Tantillo said Ward, 20, who left his race car after he hit the wall and was gesturing at Stewart before he was struck, was under the influence of marijuana the night of the accident “enough to impair judgment.” Tantillo also said two videos examined by investigators showed “no aberrational driving by Tony Stewart.”

However, Ward’s family said it would “pursue all remedies” in lieu of an indictment.

“Our son got out of his car during caution while the race was suspended,” the family said in a news release. “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 towards him causing this tragedy.

“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.”

Stewart, a three-time Sprint Cup champion, withdrew from three NASCAR races following Ward’s death and spent that time in seclusion. Stewart returned to the series four weeks ago.

Stewart, 43, has not won a race this season and did not qualify for the Chase for the Sprint Cup championship. He is expected to be in the field for the Oct. 5 Hollywood 400 at Kansas Speedway, where he is a two-time winner.

“I respect everything the district attorney and sheriff’s office did to thoroughly investigate this tragic accident,” Stewart said. “While the process was long and emotionally difficult, it allowed for all the facts of the accident to be identified and known.”

NASCAR was contrite in its response to the grand jury’s decision.

“There are no winners in tragedy,” said Brett Jewkes, NASCAR’s chief communications officer. “Our thoughts and prayers remain with the Kevin Ward Jr. family and Tony Stewart as they all cope with this tragic incident at Canandaigua Motorsports Park. This has been a difficult time for everyone involved and we have respected the local authorities responsible for reviewing this case.”

Tantillo could have determined whether or not to charge Stewart on his own, but last week said he would take the case to a 23-member grand jury. Experts said it would have been difficult to prove criminal intent, but the prosecutor asked the grand jury to consider charges of second-degree manslaughter and criminally negligent homicide, which would require evidence of recklessness on Stewart’s part.

“There were not 12 votes to either charge,” he said.

Authorities said the first car to pass Ward had to swerve to miss hitting him. The front of Stewart’s car appeared to clear Ward, but Ward was struck by the right rear tire and hurled through the air. He died of blunt force trauma. His father later told a newspaper there was “no reason” for the death given Stewart’s skills and experience.

The sheriff asked in the days after Ward’s death for spectators to turn over photos and videos of the crash as investigators worked to reconstruct the accident. Among the things looked at were the track’s dim lighting, how muddy it was and whether Ward’s dark fire suit played a role in his death, given the conditions.

Stewart, whom Sheriff Philip Povero described as “visibly shaken” after Ward’s death, vowed to cooperate in the investigation, but he did not testify before the grand jury.

After Ward’s death, NASCAR announced a rule that prohibits drivers from climbing out of a crashed or disabled vehicle — unless it is on fire — until safety personnel arrive.

Stewart, who is not married and has no children, is a grass-roots racer at heart, spending much of his free time at dirt tracks around the country and popping into places like Lakeside Speedway in Kansas City, Kan., to compete with local drivers.

That was the case at the clay track at Canandaigua Motorsports Park when tragedy struck.

This story was originally published September 24, 2014 at 12:35 PM with the headline "Grand jury in upstate New York decides against charging Tony Stewart."