No indictment for NASCAR driver in sprint car tragedy
RELATED: Full coverage of Stewart incident
Deciding that there was insufficient evidence to warrant criminal charges, an Ontario County (New York) grand jury will not bring any charges against NASCAR champion Tony Stewart for his involvement in a sprint car accident during an Aug. 9 race at Canandaigua (N.Y.) Motorsports Park that fatally injured fellow driver Kevin Ward Jr.
Ontario County District Attorney Michael Tantillo held a news conference Wednesday afternoon to deliver the findings, ultimately saying that "there was no evidence to charge Tony Stewart with a crime."
He said the grand jury examined the evidence and heard from two dozen witnesses for "the better part of two days" before reaching its conclusion.
The two charges it considered were second degree manslaughter and criminally negligent homicide. In the state of New York it takes 12 of 23 votes from the grand jury to return charges. They delivered their verdict in less than an hour.
Tantillo said of the two dozen-plus witnesses that testified, they included two accident reconstructionists, eye-witnesses, track workers and medical responders along with photographs and two video recordings. He said Stewart was able to testify, but by law he could not reveal who else did or did not.
Of the videos, Tantillo revealed "They were relatively similar in what they showed. They were enhanced and run through programs that allowed the frames to be isolated. … They were pretty important parts of the result here."
The one video previously made public shows Ward’s and Stewart’s cars collide while racing on the tight 0.375-mile dirt track in Upstate New York, then Ward quickly getting out of his hobbled car and coming down toward the racing line to confront Stewart during the caution laps that ensued. Stewart’s car struck Ward, who was pronounced dead upon his arrival at a local hospital.
Tantillo said there was a toxicologist report conducted on Ward and it found that Ward was under the influence of marijuana "enough to impair judgment."
Stewart issued a statement following Tantillo’s news conference.
"This has been the toughest and most emotional experience of my life and it will stay with me forever. I’m very grateful for all the support I’ve received and continue to receive,” Stewart said. "I respect everything the District Attorney and Sheriff’s Office did to thoroughly investigate this tragic accident. 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.”
Stewart, 43, has cooperated with the investigation from the beginning and sat out three NASCAR Sprint Cup Series races out of respect for the Ward family.
In his only public remarks about the accident, a somber Stewart said on Aug. 29 that "this has been one of the toughest tragedies I’ve ever had to deal with both professionally and personally. This is something that will definitely affect my life forever. This is a sadness and a pain that I hope no one ever has to experience in their life."
He returned to competition at Atlanta Motor Speedway on Aug. 31 and has finished a best of 15th-place in the four races he’s competed in since the accident.
He is on the entry list for this weekend’s race at Dover International Speedway.
"There are no winners in tragedy," NASCAR Chief Communications Officer Brett Jewkes said in a statement released by the sanctioning body. "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."
