Grand Jury Clears Tony Stewart of Criminal Charges

Stewart gets off this time, but is likely to face a civil lawsuit filed by the family.

NASCAR Sprint Cup driver Tony Stewart was cleared by a grand jury Wednesday of any wrongdoing in the death of 20-year old sprint car driver Kevin Ward, Jr. during an on-track incident at Canandaigua Motorsports Park in New York on Aug. 9.

The grand jury had convened in Ontario County, N.Y. for the past two days and found "no basis" to any of the charges brought against Stewart, who was facing possible charges including manslaughter and criminally negligent homicide.

Ontario County District Attorney Michael Tantillo said the grand jury reviewed evidence and testimony from two dozen witnesses as well as two videos taken of the incident, one of which went public in the days after the incident. Both videos had been enhanced and viewed frame by frame by the grand jury.

"The videos did not demonstrate any aberrational driving by Tony Stewart until the point of impact with Kevin Ward," said Tantillo. "Prior to that, his course was pretty straight."

Tantillo also disclosed toxicology tests that revealed Ward was under the influence of marijuana at levels "enough to impair judgment."

The grand jury deliberated for less than an hour before handing down their decision.

Tantillo presented the case to the grand jury following the completion of the police investigation headed by Sherriff Phillip Provero, who had stated from the outset of the investigation that there was no evidence of a criminal act committed by Stewart.

[adinserter name="GOOGLE AD"]Stewart had been participating in a sprint car race at the speedway when Ward's car hit the outside wall while racing Stewart. When the field came back around under caution, Ward exited his car and walked down the slight banking gesturing at Stewart's car when he was stuck. Ward was transported to a local hospital where he was declared dead of blunt-force trauma.

Stewart, who was "visibly shaken" by the incident, according to Provero, had co-operated fully with the police during the course of the investigation and sat out of competing in the next three Sprint Cup races before returning to the track at Atlanta on Sept. 6.

In a statement released Wednesday, Stewart called the incident "toughest and most emotional experience of my life."

"I respect everything the District Attorney and Sheriff's Office did to thoroughly investigate this tragic accident," Stewart said in the statement. "While the process was long and emotionally difficult, it allowed for all the facts of the accident to be identified and known.

"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."

While Stewart won't face any criminal charges, his legal troubles are far from over, as it is still possible he may face civil litigation brought on by the family of Kevin Ward, Jr., who released their own statement late Wednesday regarding the grand jury's decision.

"Our son got out of his car during caution when the race was suspended. 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 toward him, causing the tragedy. The focus should be on the actions of Mr. Stewart," the statement said. "This matter is not at rest and we will pursue all remedies in fairness to Kevin."

NASCAR, which had said previously there was no basis for precluding Stewart's participation in NASCAR events, also issued a statement through chief communications officer Brett Jewkes:

"There are no winners in tragedy. 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."

NASCAR implemented new rules in the wake of Wards death, requiring drivers of cars that become disabled on the racetrack not to get out of their safety gear or out of their cars until directed to by safety personnel.

NASCAR also granted Stewart an exemption to allow him to still qualify for the Chase for the Sprint Cup despite missing three races, however Stewart did not win any of the two remaining "regular season" races and missed out on the Chase field.