Prosecutors in Canandaigua, New York, announced on Wednesday afternoon that NASCAR driver Tony Stewart will not be charged in the on-track death of Kevin Ward, Jr.
Ontario County (NY) District Attorney Michael Tantillo had asked a grand jury to consider whether second-degree manslaughter and criminally negligent homicide charges should be brought against the three-time champion.
"There were not 12 votes to either charge," Tantillo revealed.
Shortly after the ruling, Tantillo spoke to the media.
"The Grand Jury reviewed a number of photographs and video recordings as well as other documentary evidence," Tantillo said in the briefing. "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."
The tragic accident occurred on Aug. 9 at Canandaigua Motorsports Park when Ward exited his car on the track and Stewart struck and killed him.
"This has been the toughest and most emotional experience of my life, and it will stay with me forever," Stewart said in a prepared statement, according to the Associated Press. "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."
A call by the AP to the Ward family went unanswered. NASCAR, however, did release a statement.
"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."
As ESPN points out, the case against Stewart would have hard to prove.
"Death happens in a very dangerous sport, and this was driver vs. driver and Ward stepped on the track," David Weinstein, a former state and federal prosecutor in Miami who is now in private practice, told the sports network. "The only person who really knows what happened is Tony Stewart, and it's impossible for a prosecutor to get inside his head."
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