Tantillo said there was no toxicology performed on Tony Stewart, but that a certified drug recognition expert interviewed him on the night of Ward's death and determined no basis for alcohol consumption or drug impairment. Prior to that, his course was pretty straight." "The videos did not demonstrate any aberrational driving by Tony Stewart until the point of impact with Kevin Ward, at which point his vehicle veered to the right up the track as a result of the collision. The videos were run at 75%, 50% and 25% speed and overlaid with grids and data and "were an important piece of the evidence," Tantillo said. Tantillo said two videos of the incident were examined, a clip that went viral on YouTube and another from the racetrack. Tantillo said Stewart was presented the opportunity to testify but wouldn't confirm whether he did. The grand jury heard the evidence and testimony from two dozen witness (including drivers, track employees, medical personnel and two accident experts) "over the better part of two days" and deliberated for less than an hour before reaching the decision, Tantillo said. He said neither received the necessary 12 votes from the grand jury to charge Stewart. Tantillo said there were two charges submitted for consideration by the grand jury against Stewart: manslaughter in the second degree and criminally negligent homicide. Tantillo said toxicology reports revealed that Ward was under the influence of marijuana at a high enough level to impair judgment. The Ontario County District Attorney's office took the evidence in Stewart's case to a grand jury, which found there was no basis for criminal charges, D.A. Tony Stewart will not face criminal charges in Kevin Ward Jr.'s death, a grand jury in upstate New York decided. Watch Video: Tony Stewart not indicted in death of Kevin Ward Jr.
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