New Details In Kevin Ward Case: Marijuana Use Confirmed, Family Speaks Out [VIDEO]

Along with the news that Tony Stewart will not be charged in the on-track death of Kevin Ward Jr., Ontario County, New York, District Attorney Michael Tantillo revealed Sept. 25 that Ward was under the influence of marijuana at the time of the tragic incident.

"There is toxicology evidence in the case relating to Kevin Ward that actually indicated at the time of operation he was under the influence of marijuana," Tantillo said in a media briefing following the grand jury's deliberation. "The levels that were determined were enough to impair judgment."

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Tantillo pointed out that Ward's own actions, likely the result of his potentially impaired judgment, were a huge factor in the grand jury's ruling Wednesday.

"I am sure from their deliberations and discussions that the fact that Kevin Ward was observed running, basically, down two-thirds of the track into a hot track in the middle of other cars that were still racing played a big, big factor in their decision," Tantillo said.

Ward's family, however, wishes for the spotlight to be moved off the late driver and back to the actions of Stewart, who they still believe is to blame.

"Our son got out of his car during caution when the race was suspended," said Pam Ward, Kevin's mother, in a statement to the Associated Press Wednesday. "All the other vehicles were reducing speed and not accelerating except for Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing the tragedy. The focus should be on the actions of Mr. Stewart. This matter is not at rest and we will pursue all remedies in fairness to Kevin."