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Tony Stewart won't face charges in driver's death

A grand jury declined to charge Tony Stewart on Wednesday for his role in the August on-track death of driver Kevin Ward Jr. at a sprint car race in upstate New York.

A grand jury declined to charge Tony Stewart on Wednesday for his role in the August on-track death of driver Kevin Ward Jr. at a sprint car race in upstate New York.

The decision was announced within hours after the grand jury finished hearing testimony in the case.

Ontario County District Attorney Michael Tantillo also said Ward was under the influence of marijuana the night of the accident "enough to impair judgment."

Ward was killed Aug. 9 when a car driven by the Stewart, the three-time NASCAR Sprint Cup champion, struck and killed him during a dirt-track race at Canandaigua Motorsports Park. The 20-year-old Ward had exited his car after a crash and walked toward Stewart's moving car on the track, waving his arms in an apparent attempt to confront the NASCAR veteran.

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 thrown through the air. Ward died of blunt force trauma.

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Tantillo said two videos examined by investigators showed "no aberrational driving by Tony Stewart."

Stewart could have been charged with second-degree manslaughter or criminally negligent homicide.

"This has been the toughest and most emotional experience of my life, and it will stay with me forever," Stewart said in a statement following the announcement. "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."

Ontario County Sheriff Philip Povero had asked spectators to turn over photos and videos of the crash as investigators worked to reconstruct the accident.

Stewart, 43, sat out three Sprint Cup races before returning to the series at Atlanta on Aug. 31. Stewart has 48 career Sprint Cup wins in 542 starts but is winless this year and did not make the championship Chase field.

"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," NASCAR said in a statement. "This has been a difficult time for everyone involved and we have respected the local authorities responsible for reviewing this case."

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