Canandaigua, N.Y. - An Ontario County grand jury has determined NASCAR driver Tony Stewart will not face criminal charges in the death of Kevin Ward, Jr. The announcement came at a news conference Wednesday afternoon with the Ontario County District Attorney, Michael Tantillo. A toxicology report indicated Ward had marijuana in his system at the time of the crash. Tantillo said the amount of marijuana was enough to impair his judgment. Stewart was never tested for drugs or alcohol, according to Tantillo. New York State law states that law enforcement cannot compel a person to be tested unless that person was arrested. Since Stewart was never arrested, he was not tested. According to Tantillo, two dozen witnesses were interviewed in regard to the deadly crash - including witnesses, race car drivers, track employees and volunteers, two accident reconstruction experts, medical personnel and at least one police officer. The grand jury considered charges of criminally negligent homicide and manslaughter. A total of 23 citizens comprised the grand jury. Tantillo said the group was in session for two days and reviewed all of the evidence. When it came down to making a decision, the jury debated for less than an hour before coming to their conclusion, according to Tantillo. The case stems from the death of Ward on a dirt track at Canandaigua Motorsports Park August 9. Ward crashed his car, reportedly because Stewart forced him into the wall. Ward then got out of his car, stormed onto the track and started gesturing angrily toward Stewart's car. Stewart's car came around the track, hit Ward and threw his body several feet into the air before he landed on the ground. Ward was pronounced dead shortly afterward. Stewart did not drive in any races for at least two weeks after the fatal crash. The Ontario County Sheriff's Office completed its investigation earlier this month. Tantillo commented on the reaction of the Ward family, stating that the family was "disappointed" with the decision by the grand jury, but "appreciative" of the work put in by various agencies. Shortly after the decision was announced, Stewart released a statement on his website: “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.”
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