Grand jury testimony begins in Tony Stewart case

CANANDAIGUA, N.Y. – Ontario County District Attorney Michael Tantillo has convened a grand jury to determine whether charges should be brought against NASCAR driver Tony Stewart for his role in an on-track incident that caused the death of driver Kevin Ward Jr.

Grand jury testimony began Tuesday in the case.

Tantillo said Sept. 16 that he would present evidence from the police investigation to a grand jury.

Chuck Hebing, who was driving in the Aug. 9 race when Ward was killed at Canandaigua Motorsports Park, confirmed that he was called to testify about the accident but declined to discuss the matter further.

Ward, 20, died after exiting his car under caution and being struck by the car of Stewart during a sprint car race at the dirt track. The incident took place moments after Stewart, a three-time NASCAR Cup series champion, and Ward bumped for position. Ward's car spun and crashed into the corner wall on Turn 2.

While the caution flag came out and cars continued to circle the track at a reduced speed, Ward climbed out of his car and walked down toward the middle of the track. He was struck as Stewart's car came back around through Turn 2.

Hebing's car appeared to steer around Ward just before Stewart's car struck Ward.

Ward, a native of the Lewis County town of Port Leyden, was pronounced dead 45 minutes later at F.F. Thompson Hospital in Canandaigua.

Ontario County Sheriff Philip Povero announced Sept. 11 that his department had completed a month-long investigation and was forwarding the results -- including a forensic video enhancement of the crash -- to Tantillo's office for review.

Five days later, Tantillo, through a news release, said he had determined "it would be appropriate" to submit the evidence to a grand jury, and that the panel would decide whether charges against Stewart were warranted.

It is not known how long it will take for the evidence to be presented to a grand jury, or for witnesses to present testimony.

Oklobzija writes for the Rochester (N.Y.) Democrat & Chronicle, a property of Gannett.