The Ontario County Grand Jury met this week and determined that no charges would be brought against Tony Stewart regarding the death of Kevin Ward Jr.
Ward lost his life when he was struck by Stewart’s car during a sprint car race at Canadaigua Motorsports Park on August 9.
Ontario County District Attorney Michael Tantillo announced the findings in a press conference Wednesday afternoon and began by reading the following statement.
“The grand jury has today completed its investigation,” he said. “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 reconstructionists, 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 there is no basis to charge Tony Stewart with any crimes. This case was therefore no-billed by the grand jury.”
Tantillo further stated that, “The charges that were submitted to the grand jury for consideration were manslaughter in the second degree and criminally negligent homicide. In New York State, it takes 12 or more grand jurors to return those charges. So while I can’t tell you what their votes were, obviously you can deduce the fact there were not 12 votes for either charge.”
He also revealed that toxicology reports indicated that “at the time of operation, he (Ward) was under the influence of marijuana and that the levels “were enough to impair judgment.”
Another significant facet of the investigation that was presented to the grand jury centered on the two videos that were examined, one of which was posted on YouTube shortly after the accident.
“Those videos were examined in detail. They were enhanced. They were run through programs that allowed the frames to be isolated. They were run at 75%, 50% and 25% speed,” the DA explained. “They were overlaid with grids and data, and they were an important piece of the evidence considered here. The videos did not demonstrate any aberrational driving by Tony Stewart until the point of impact with Kevin Ward, at which point his vehicle veered to the right up the track as a result of the collision. Prior to that, his course was pretty straight.”
Stewart issued a statement saying, “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.”
“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.”
Brett Jewkes, NASCAR Chief Communications Officer, said of the decision, “There are no winners in tragedy. Our thoughts and prayers remain with the Kevin Ward Jr. family and Tony Stewart as they 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.”
District Attorney Tantillo spoke to Ward’s family and acknowledged that Mr. Ward “was probably disappointed by the outcome, but he was very appreciative of the work that the Ontario County Sheriff’s Department and District Attorney’s office had put into the case.”
