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Findings in fatal incident involving NASCAR’s Tony Stewart go to D.A.

Tony Stewart during practice at Atlanta Motor Speedway in Hampton, Ga., on Aug. 29.
(Jamie Squire / Getty Images)
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An investigation into the incident in which former NASCAR champion Tony Stewart’s car struck and killed a fellow driver who was on foot during a sprint-car race last month has been completed, the sheriff’s office in Ontario County, N.Y., said Thursday.

The probe’s findings were turned over to the county district attorney’s office, which “will make a statement late next week advising what action will be taken,” Sheriff Philip Povero said in a statement.

Stewart’s car struck and killed 20-year-old Kevin Ward Jr. during a non-NASCAR race Aug. 9 at the Canandaigua Motorsports Park dirt track in upstate New York.

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The two were racing side by side when Ward’s car crashed into the fence, bringing out a caution period that slowed the cars.

After coming to a stop, Ward climbed from his car, stepped on the track and appeared to be angrily pointing at Stewart when he was struck by Stewart’s car as Stewart came back around.

Ward died of “massive blunt force trauma,” the coroner determined. Stewart’s car was traveling 35 to 40 mph when Ward was hit, Povero estimated.

Stewart, 43, was not charged with any wrongdoing while Povero’s office investigated the incident, which was captured on an amateur video that went viral on the Internet.

Povero said the investigation included “a forensic video enhancement recently received from the New York State Police laboratory in Albany.” But it wasn’t known if that was an enhancement of the video already widely seen by the public or of a different video.

Neither Povero’s office nor the district attorney’s office would grant media requests seeking elaboration.

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Stewart, a three-time NASCAR Sprint Cup Series champion, sat out three Cup races after the incident before returning Aug. 31 for a race at Atlanta Motor Speedway. He finished 41st in Atlanta and 15th last weekend in Richmond, Va.

Before the Atlanta race, a somber Stewart read a statement saying he had skipped the three races “out of respect for Kevin and his family and also to cope with the accident in my own way.”

Stewart also said he wanted Ward’s family and friends “to know that every day I’m thinking about them and praying for them” and that the tragedy was “something that will definitely affect my life forever.”

Stewart declined to comment on the details of the incident, citing Povero’s investigation. Mike Arning, a spokesman for Stewart and his Stewart-Haas Racing team, reiterated in an email Thursday that “we will respect the entire investigative process through its completion.”

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