STEWART WILL NOT FACE CRIMINAL CHARGES IN WARD DEATH

By Ron Lemasters Jr.

(Updated with NASCAR statement)

NASCAR star Tony Stewart will not face criminal charges in the Aug. 9 death of Kevin Ward Jr., according to Ontaro County (N.Y.) District Attorney Michael Tantillo.

Tantillo announced the grand jury's findings at 3 p.m. EDT today.

According to the DA's statement (below), the grand jury heard testimony and viewed evidence related to Ward's death over two days and returned a No bill on charges of criminal negligence and manslaughter in the second degree. In New York, 12 of the 23 members of the grand jury must vote yes for a true bill to be returned and the subject indicted. According to published reports, the grand jury deliberated for less than an hour before returning their findings.

The biggest bombshell of the announcement, which was carried live on FOX Sports 1, was that toxicology reports from Ward revealed the 20-year-old was under the influence of marijuana at the time of the accident. Tantillo said the levels of the drug in his system at the time were high enough to cause impairment.

Stewart released a statement soon after the announcement.

“This has been the toughest and most emotional experience of my life, and it will stay with me forever," the statement from Stewart read. "I’m very grateful for all the support I’ve received and continue to receive. 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.”

While the finding cleared Stewart of any criminal charges, the possibility of a civil lawsuit for wrongful death by Ward's family is still very much in play.

Statement from Ontario County (N.Y.) District Attorney Michael Tantillo:

This week an Ontario County grand jury has been meeting to hear testimony and review evidence gathered in the Tony Stewart matter, relating to the death of Kevin Ward at the Canandaigua Motor Speedway on August 9, 2014. The grand jury has completed its investigation.

During the course of the grand jury presentation, approximately two dozen witnesses testified. These included a number of race car drivers, racetrack employees and volunteers, two accident reconstruction experts, medical personnel, and a number of police officers. In addition, the grand jury reviewed a number of photographs and video recordings, as well as other documentary evidence. After listening to and questioning all of the witnesses, and reviewing all of the evidence, the grand jury has determined that there is no basis to charge Tony Stewart with any crimes; his case was “No-Billed” by the grand jury.  

Michael Tantillo

Ontario County District Attorney

(H/T to Jim Utter at the Charlotte Observer for the statement copy)

Statement from NASCAR Chief Communication 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.”