Ontario County (New York) District Attorney Michael Tantillo yesterday said that "no charges will be filed" against NASCAR driver Tony Stewart as part of the on-track crash that killed driver Kevin Ward Jr. last month at Canandaigua Motorsports Park, according to a front-page piece by Victoria Freile of the ROCHESTER DEMOCRAT & CHRONICLE. Tantillo said that Ward, "at the time of his death, had a level of marijuana in his system that would have been 'enough to impair judgment.'" He added that Stewart was "evaluated at the scene that night and drug recognition experts determined that he wasn't under the influence of alcohol or drugs." No toxicology was done on Stewart -- and one "would not have been required since he was not arrested." Tantillo said that two dozen witnesses "testified over 'the better part of two days' this week," including several race car drivers, track employees and volunteers, two accident reconstruction experts, medical personnel and police. Stewart was among the drivers "given an opportunity to testify." Tantillo said that he "couldn't disclose who testified, or what was said." He also noted that the grand jury "was not tasked to determine who was at fault, only whether there was enough evidence to file charges against Stewart" (ROCHESTER DEMOCRAT & CHRONICLE, 9/25). In Boston, Michael Vega reports the grand jury "seemed to give particular weight to an enhanced track video of the accident and the toxicology report on Ward" (BOSTON GLOBE, 9/25). In N.Y., Viv Bernstein reports the grand jury "reviewed two videos and photographs of the accident, deliberating for less than an hour before coming to a decision." An affirmative vote of at least 12 members of the 23-member grand jury "would have been needed to indict Stewart." Tantillo did not reveal the vote tally but said that he "believed the grand jury blamed Ward for the accident" (N.Y. TIMES, 9/25). A civil suit by the Ward family still "is possible" (CHARLOTTE OBSERVER, 9/25).
FALLOUT FROM THE INCIDENT: NBCSN's Kyle Petty noted NASCAR enacted a new rule barring drivers from exiting their cars in the wake of the Stewart-Ward incident and said, "This will be a moment we look at and out of tragic accident the sport grew, became safer and is a better sport because of it" ("Nightly News," NBC, 9/24). Meanwhile, ESPN's Tony Kornheiser said, "I know this was not a NASCAR race. But to me, NASCAR may want to reassure the general public that none of its drivers are driving while impaired and may want to start testing before and after just so the public feels confident" ("PTI," ESPN, 9/24).
SPONSOR IMPACT: ESPN.com's Brant James notes Stewart's sponsor base "remained in rank." Mobil 1 officials yesterday released a statement, saying, "There has been no change in our sponsorship with Tony Stewart or Stewart-Haas Racing" (ESPN.com, 9/24).
