UPDATED: Grand jury declines to file charges against Stewart in Ward death

Tony Stewart will not face criminal charges in the death of sprint car driver Kevin Ward Jr., a grand jury in upstate New York determined on Wednesday.

The Ontario County District Attorney's office took the evidence in Stewart's case to a grand jury, which has now ruled that there was no basis for criminal charges in the death of Ward in an Aug. 9 sprint car race at Canandaigua Motorsports Park, D.A. Michael Tantillo announced.

"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; his case was "No-Billed" by the grand jury," Tantillo said in a brief statement.

At a press conference following his initial statement, D.A. Tantillo revealed for the first time that toxicology reports had determined that Ward Jr. was under the influence of marijuana on the night of the incident. Tantillo said the level of marijuana in Ward's system was high enough to impair judgment – likely a decisive factor in the grand jury's decision.

Tantillo said approximately two dozen witnesses testified. Two videos, photos and "other documentary evidence" of the incident – in which Ward, 20, climbed from his car and angrily gestured at Stewart after their two cars had made contact, sending Ward's car into the wall, and he was then fatally struck by Stewart's car – also were reviewed. Tantillo said the 23-member grand jury found "no aberrational driving by Tony Stewart," or any other evidence to suggest that Stewart was criminally negligent in the incident.

The grand jury's finding – which is consistent with the the initial statements by Sheriff Phillip Povero to the effect that there was no evidence to suggest any wrongdoing on Stewart's part – clears the NASCAR star from criminal proceedings in the case, although he still could still face a civil suit from Ward's family.

• Ward family reacts to grand jury ruling

"This has been the toughest and most emotional experience of my life, and it will stay with me forever," said in a statement following the grand jury's decision. "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.”