Wednesday 24 September 2014 23:36, UK
A grand jury has decided against charging NASCAR driver Tony Stewart over death of another driver at a sprint car race in upstate New York last month.
The decision was announced on Wednesday, nearly seven weeks after Stewart's car struck and killed Kevin Ward Jr at a dirt-track race on August 9 in Canandaigua.
Ward had climbed from his car after it had spun while racing alongside Stewart.
The 20-year-old walked down the track, waving his arms in an apparent attempt to confront the three-time NASCAR champion on the next lap.
The front of Stewart's car appeared to clear Ward, but Ward was struck by the right rear tyre and hurtled through the air. He died of blunt force trauma.
Ontario County District Attorney Michael Tantillo said authorities submitted possible charges of manslaughter in the second degree and criminally negligent homicide against Stewart and the grand jury "determined that there is no basis to charge Tony Stewart with any crimes."
Tantillo said the grand jury saw accident reconstructions, reviewed photographs and two video recordings of the incident, heard from witnesses and were presented other evidence before voting not to indict Stewart.
Toxicology tests indicated that Ward was under the influence of marijuana the night of the incident, he said. Stewart was not tested, but was interviewed that night by a certified drug recognition expert, Tantillo said.
Authorities maintained early in the investigation there was no evidence of criminal behaviour by Stewart, but refrained from clearing him while they tried to determine if he hit the throttle as he approached Ward.
Stewart said the incident would stay with him forever, and he thanked his supporters and the thorough investigation into the incident.
The 43-year-old said: "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."
However, the Ward family said the "matter is not at rest and we will pursue all remedies in fairness to Kevin."
"All other vehicles were reducing speed and not accelerating except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him causing this tragedy," the family said in a statement.
