A grand jury has decided against charging NASCAR star Tony Stewart in the August death of another driver at a sprint car race in upstate New York.

The decision was announced Wednesday, nearly seven weeks after Stewart's car struck and killed Kevin Ward Jr. at a dirt-track race on Aug. 9 in Canandaigua. District Attorney Michael Tantillo also said Ward was under the influence of marijuana that night "enough to impair judgment."

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.

The front of Stewart's car appeared to clear Ward, but Ward was struck by the right rear tire. He died of blunt force trauma.

 

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