DA: Kevin Ward Jr. was under the influence of marijuana

Toxicology reports revealed Kevin Ward Jr., was under the influence of marijuana on the night he was struck and killed by a sprint car driven by Tony Stewart, Ontario County (N.Y.) District Attorney Michael Tantillo said Wednesday.

At a news conference to announce that a grand jury had declined to indict Stewart in Ward's death, Tantillo said the level of marijuana in Ward's system was high enough to impair judgment.

Later Wednesday, the Ward family indicated it was not satisfied with the decision to clear Stewart and said it will "pursue all remedies in fairness to Kevin."

Kevin Ward Jr. angrily gestured at Stewart's car as he walked down the banking of Canandaigua Motorsports Park under caution during an Aug. 9 race. He died of blunt force trauma from the impact with Stewart's car.

Tantillo said there were two charges submitted for consideration by the grand jury against Stewart: manslaughter in the second degree and criminally negligent homicide. He said neither received the necessary 12 votes from the 23-person grand jury to charge Stewart. The grand jury heard the evidence and deliberated "over the better part of two days,"

In a statement provided to the Rochester Democrat and Chronicle, Ward Jr.'s mother Pam said the "matter is not at rest."

"Our son got out of his car during caution while the race was suspended," she said. "All the 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 the tragedy.

"The focus should be on the actions of Mr. Stewart and not my son."

Pam Ward had no comment on the toxicology report that found her son had enough marijuana in his system to impair his judgment. She did not answer questions aside from the statement.

Tantillo stated Wednesday he spoke with Ward's father, saying he was "probably disappointed by the outcome but very appreciative of the work that the Ontario County Sheriff's Department and the district attorney's office had put into the case."

Tantillo said Stewart was presented the opportunity to testify but wouldn't confirm whether he did. Tantillo said two videos of the incident were examined and revealed there was "no aberrational driving by Tony Stewart."

Stewart still could face a civil suit from Ward's family.

Contributing: Jeff Gluck and the Rochester Democrat and Chronicle