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Stewart struck and killed Ward on August 9 at Canandaigua Motorsports Park, a dirt track in upstate New York. Stewart and Ward were racing together when Ward hit the wall. Ward exited his vehicle to confront Stewart's car and was struck by the right rear tire.
The Rochester Democrat and Chronicle reported that the testimony began and Chuck Hebing, who was in the race with Stewart and Ward, confirmed he was called to testify. However, Hebing declined to discuss the matter further.
Ontario County (N.Y.) District Attorney Michael Tantillo sent the case to a grand jury last week. As part of New York state law with all cases that could possibly result in felony charges, the motion to go to a grand jury is simply due process.
After the grand jury hears all testimony and reviews all evidence, it will have three options. It can go forth with felony or misdemeanor charges against Stewart or it could say that no charges are ncessary. There is no timetable for the grand jury's decision.
The Ontario County Sheriff's Department announced it sent the case to the district attorney's office on September 11 after investigating the incident for approximately a month.
Stewart returned to the Sprint Cup Series at Atlanta on August 31 after missing three races following the incident. In the wake of the incident between Stewart and Ward, NASCAR banned all drivers from getting out of their vehicles following a crash until safety personnel arrive.
Stewart raced at New Hampshire on Sunday after Tantillo's announcement that the case had been sent to a grand jury.
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