As far as criminal charges go, the Tony Stewart/Kevin Ward, Jr. incident is over: A grand jury in Ontario County, New York, has declined to indict NASCAR Sprint Cup driver and team owner Tony Stewart in the death of Kevin Ward, Jr., a dirt-track racer from upstate New York who was struck and killed by a car Stewart was driving in a race in which Ward had also been participating.
According to Ontario County District Attorney Michael Tantillo, toxicology reports indicate that Ward was under the influence of marijuana at a level that was enough to impair him. Stewart was not tested since he was never arrested, but police interviewing him said he showed no signs of impairment.
Tantillo said about two dozen witnesses, ranging from drivers to track officials to accident-reconstruction specialists, were called over two days, and two very similar videos were analyzed. Tantillo said Stewart's car "veered to the right as a result of the collision" but otherwise showed no intent to hit Ward. Stewart "was given the opportunity" to testify in front of the grand jury, but there was no indication that he did. Manslaughter in the second degree and negligent homicide were the charges considered. It would have taken 12 votes of the 23 jurors to indict Stewart, which obviously did not occur. "Judgment is probably the most important factor in this case," Tantillo said.
After the verdict, Stewart issued the following statement: "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."
The incident occurred the evening of August 9, a Saturday, the night before Stewart was to compete in the NASCAR Sprint Cup race at Watkins Glen, New York. Stewart was racing in a winged open-wheel sprint car event, as he often did—at least before a serious accident occurred in August of 2013 at a similar track in Iowa, in an identical car, severely breaking Stewart's leg and causing him to miss the balance of the Sprint Cup season.
The race at the dirt oval track in Canandaigua, New York—not far from Watkins Glen—was one of Stewart's first back in a sprint car after his 2013 crash, although he returned to racing NASCAR Sprint Cup last February.
Stewart was running in the 25-lap feature with the Empire Super Sprint series when he drove hard into Turn Two, drifting up the track and very close to the car of 20-year-old Ward. Ward's car struck the outside wall with the right rear tire, flattening it. The field was slowed under the caution flag, traveling at approximately 40 mph, when Ward jumped from his car and began walking down the track, pointing at the approaching Stewart.
A video taken from the stands showed the right side of Stewart's car hitting Ward, sending him tumbling approximately 30 feet. Although Ward was later pronounced dead at the hospital, he showed no sign of life as he lay on the track.
Based in part on multiple interpretations of the video, viewers who formed an opinion generally felt one of three ways: That Stewart was unable to see Ward, who was clad in black on a dimly lit dark surface, and hit him by accident; that Stewart saw Ward and attempted to drive close to him to "brush him back" like a baseball pitcher does to a batter crowding the plate; or that Stewart purposely hit Ward.
As a near-immediate result, many racing sanctioning bodies, including NASCAR, have enacted rules prohibiting drivers from leaving their disabled car—unless there is an emergency, such as a fire—while other cars remain on the track, at least until emergency personnel arrive.
After an investigation lasting more than a month, the Ontario County sheriff announced a week ago that he was turning over the evidence his office had gathered to a grand jury, which apparently received the case this week. The announcement came at noon today that the grand jury had reached a verdict, and it released its findings minutes ago.
Prior to that, Stewart had been in seclusion, missing several races until his return to the NASCAR circuit at Atlanta. He made a brief prepared statement prior to the Atlanta race, saying that he would answer no questions until the investigative process was complete, and he and his camp have maintained radio silence since.
- Tony Stewart's NASCAR Return Confirmed for this Weekend [Analysis]
- Yes, Tony Stewart Hit and Killed a Fellow Driver, But You Need to Know the Whole Story
- Investigation Into Kevin Ward, Jr.'s Death Hinges on Shaky 65-second Video
With no charges filed, many expect the Ward family to take action in civil court, but the revelation that Ward was under the influence of marijuana could have an effect on that. Also, while Bass Pro Shops has said it will stick with Stewart no matter what, we have yet to hear from some of his other NASCAR sponsors. So we await word on those developments, as well as Tony Stewart's account of what happened that fateful Saturday night.
from Car and Driver Blog http://ift.tt/nSHy27
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