Wednesday 17 September 2014

Tony Stewart case will go to grand jury





  • Kevin Ward Jr. died after he was struck by Tony Stewart's race car during a race

  • Stewart says he respects the legal process

  • A New York sheriff's office recently wrapped up its four-week investigation

  • The district attorney said he will submit the evidence in the 'near future'




(CNN) -- The evidence gathered after Tony Stewart's race car struck and killed another driver who was walking on the track will be given soon to a grand jury, a district attorney in upstate New York announced Tuesday.


Michael Tantillo, the Ontario County District Attorney, said the matter will be presented in the "near future."


He said New York law precludes him from specifying when the grand jury will meet to decide whether Stewart should be indicted on a criminal charge. He also didn't say who he will call as witnesses, but Stewart might be asked to testify.





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Driver Tony Stewart looks on in the garage area during practice for the NASCAR Sprint Cup Series Cheez-It 355 at Watkins Glen International on Friday, August 8, in Watkins Glen, New York. Stewart is a three-time champion in NASCAR's top division and also won a sprint car championship in 1995.Driver Tony Stewart looks on in the garage area during practice for the NASCAR Sprint Cup Series Cheez-It 355 at Watkins Glen International on Friday, August 8, in Watkins Glen, New York. Stewart is a three-time champion in NASCAR's top division and also won a sprint car championship in 1995.



Stewart signs autographs for fans during a practice for the NASCAR Sprint Cup Series Camping World RV Sales 301 at New Hampshire Motor Speedway on July 11 in Loudon, New Hampshire.Stewart signs autographs for fans during a practice for the NASCAR Sprint Cup Series Camping World RV Sales 301 at New Hampshire Motor Speedway on July 11 in Loudon, New Hampshire.



Stewart gets out of his car after an incident during the NASCAR Sprint Cup Series Coke Zero 400 at Daytona International Speedway on July 6 in Daytona Beach, Florida. Stewart gets out of his car after an incident during the NASCAR Sprint Cup Series Coke Zero 400 at Daytona International Speedway on July 6 in Daytona Beach, Florida.



Danica Patrick and Stewart ride down pit road before the NASCAR Sprint Cup Series Quicken Loans 400 at Michigan International Speedway on June 15 in Brooklyn, Michigan. Danica Patrick and Stewart ride down pit road before the NASCAR Sprint Cup Series Quicken Loans 400 at Michigan International Speedway on June 15 in Brooklyn, Michigan.



Stewart poses with a rifle given as a pole award after qualifying for pole position for the NASCAR Sprint Cup Series Duck Commander 500 at Texas Motor Speedway on April 5 in Fort Worth, Texas.Stewart poses with a rifle given as a pole award after qualifying for pole position for the NASCAR Sprint Cup Series Duck Commander 500 at Texas Motor Speedway on April 5 in Fort Worth, Texas.



Stewart in the pit during the NASCAR Sprint Cup Series Daytona 500 at Daytona International Speedway on February 23 in Daytona Beach, FloridaStewart in the pit during the NASCAR Sprint Cup Series Daytona 500 at Daytona International Speedway on February 23 in Daytona Beach, Florida



Driver Ryan Newman talks with team owner and injured driver Tony Stewart, on crutches, in the garage during practice for the NASCAR Sprint Cup Series AAA 400 at Dover International Speedway on September 28, 2013, in Dover, Delaware. Stewart broke his leg on August 5, 2013, during a race at the Southern Iowa Speedway in Oskaloosa, Iowa.Driver Ryan Newman talks with team owner and injured driver Tony Stewart, on crutches, in the garage during practice for the NASCAR Sprint Cup Series AAA 400 at Dover International Speedway on September 28, 2013, in Dover, Delaware. Stewart broke his leg on August 5, 2013, during a race at the Southern Iowa Speedway in Oskaloosa, Iowa.



Personnel prepare to load Stewart into an ambulance after he was involved in a four-car wreck at Southern Iowa Speedway in Oskaloosa, Iowa. Stewart underwent successful surgery Tuesday, August 6, 2013, to repair the broken right tibia and fibula suffered in the wreck.Personnel prepare to load Stewart into an ambulance after he was involved in a four-car wreck at Southern Iowa Speedway in Oskaloosa, Iowa. Stewart underwent successful surgery Tuesday, August 6, 2013, to repair the broken right tibia and fibula suffered in the wreck.



Stewart shakes hands with Gunnery Sgt. Samuel Deeds at the Indianapolis Motor Speedway on July 28. As winner of the annual Crown Royal "Your Hero's Name Here" program, Deeds received naming rights to the July 28 NASCAR Sprint Cup Series race at the Brickyard.Stewart shakes hands with Gunnery Sgt. Samuel Deeds at the Indianapolis Motor Speedway on July 28. As winner of the annual Crown Royal "Your Hero's Name Here" program, Deeds received naming rights to the July 28 NASCAR Sprint Cup Series race at the Brickyard.



Stewart sits in his car during practice for the NASCAR Sprint Cup Series Camping World RV Sales 301 at New Hampshire Motor Speedway on July 12, 2013, in Loudon, New Hampshire. Stewart sits in his car during practice for the NASCAR Sprint Cup Series Camping World RV Sales 301 at New Hampshire Motor Speedway on July 12, 2013, in Loudon, New Hampshire.



Stewart celebrates with a burnout after winning the NASCAR Sprint Cup Series FedEx 400 at Dover International Speedway on June 2, 2013, in Dover, Delaware. Stewart celebrates with a burnout after winning the NASCAR Sprint Cup Series FedEx 400 at Dover International Speedway on June 2, 2013, in Dover, Delaware.



Stewart, in car 14, spins out along with Jimmie Johnson, in car 48, after an on-track incident during the NASCAR Sprint Cup Series Toyota Owners 400 at Richmond International Raceway on April 27, 2013, in Richmond, Virginia. Stewart, in car 14, spins out along with Jimmie Johnson, in car 48, after an on-track incident during the NASCAR Sprint Cup Series Toyota Owners 400 at Richmond International Raceway on April 27, 2013, in Richmond, Virginia.



 Stewart poses in the victory lane after winning the NASCAR Nationwide Series DRIVE4COPD 300 at Daytona International Speedway on February 23, 2013, in Daytona Beach, Florida. Stewart poses in the victory lane after winning the NASCAR Nationwide Series DRIVE4COPD 300 at Daytona International Speedway on February 23, 2013, in Daytona Beach, Florida.







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Racer Tony StewartRacer Tony Stewart



Last week, the Ontario County Office of Sheriff announced it had finished its investigation into the death of Kevin Ward Jr., who died from his injuries after he was struck by a race car driven by Stewart during a spring car race in August.


Stewart, a three-time NASCAR top series champion, was driving a dirt-track car when the right rear tire hit Ward, who was walking on the track during an Empire Super Sprints series race August 9 in Canandaigua, New York. Ward, 20, died of massive blunt trauma before paramedics could get him to a hospital.


"I respect the time and effort spent by both the Ontario County District Attorney and the sheriff's office in investigating this tragic accident," Stewart said in a statement. "I look forward to this process being completed, and I will continue to provide my full cooperation."


One of the pieces of evidence gathered during the investigation was a forensic video enhancement done by the New York State Police Laboratory. There were at least two videos of the incident that police have obtained, but the release didn't say what the lab used for the enhancement.


One of the videos from that night at the Canandaigua Motorsports Park race shows two cars coming out of a turn, with Stewart's No. 14 car sliding up the track toward Ward's No. 13 car. The two cars get close and appear to make contact before Ward's car hits the wall and spins out.


Ward gets out of his crashed car and walks determinedly on the track toward the race cars, which had slowed for a yellow flag. Ward points a finger and appears to be yelling. One car swerves to avoid Ward on the half-mile dirt track.


Stewart's car passes close to Ward, and it appears that its right rear tire hits him. Authorities said that the 20-year-old Ward, a New York sprint car driver, died of "massive blunt trauma."


Ward, from Port Leyden, New York, was in his fifth season in the Empire Super Sprints series.


Stewart missed three NASCAR races after the incident. When he returned to racing at Atlanta, he gave a brief statement to the media.


"This has been one of the toughest tragedies I've ever had to deal with, both professionally and personally. And this is something that will definitely affect my life forever," Stewart said at the speedway in his first public appearance since Ward's death.


While the incident hit him hard, Stewart said he knows "that the pain and the mourning that Kevin Ward's family and friends are experiencing is something that I can't possibly imagine."


Kevin Ward Jr. started young, loved to race


Tony Stewart: Raising smoke with a hard driving life



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