Tony Stewart Won’t Face Criminal Charges In Kevin Ward Jr. Death

Tony Stewart won’t face criminal charges in a racetrack death last month, according to a report. The grand jury’s decision will be announced officially at 3 p.m. today, but TMZ is reporting that he won’t be charged in the death of Kevin Ward Jr..

Prosecutors in upstate New York said a grand jury finished hearing testimony Tuesday regarding Stewart’s role. Ward was killed Aug. 9 when a car driven by the three-time NASCAR champion struck and killed him during a dirt track race at Canandaigua Motorsports Park. The 20-year-old Ward, who had climbed from his car to confront Stewart, died of blunt force trauma.

Ontario County District Attorney Michael Tantillo looked at the evidence and could have brought charges or dropped the case himself, but said last week he was taking the matter to a grand jury that was convened this week.

Experts had said Stewart could be charged with second-degree manslaughter under New York law if prosecutors believe he “recklessly caused the death of another person,” with negligent homicide another possibility.

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 hurtled through the air.

Sheriff Philip Povero asked spectators to turn over photos and videos of the crash as investigators worked to reconstruct the accident. Among the things being looked at were the dim lighting, how muddy it was and whether Ward’s dark firesuit played a role in his death, given the conditions. In submitting his findings to the district attorney, Povero said they included a “forensic video enhancement” from state police.

Legal experts believed the case against Stewart would be difficult to prove — even to a grand jury, which needs only 12 of the 23 members to agree that charges are warranted. “I think the DA has succumbed to public attention and public pressure on this one, there was just too much notoriety, and that’s why he took it to a grand jury,” said David Weinstein, a former state and federal prosecutor in Miami who is now in private practice. He said it would be difficult to prove criminal intent in Ward’s death.