Buffalo's Early News with John Zach and Susan Rose
Weekdays, 5am - 9am

Text Us: #30930
Phone: (800) 616 WBEN
Business: (716) 843-0600
A   A   A
Glen Tragedy

Probe: No sign of criminal intent in Stewart crash



The collision was as common as any in racing. Kevin Ward Jr.'s car spun twice like a top, wheels hugging the wall, before it plopped backward on the dimly lit dirt track.

In a sport steeped with bravado, what happened next was another familiar, but treacherous, move: Wearing a black firesuit and black helmet, the 20-year-old Ward unbuckled himself, climbed out of the winged car into the night and defiantly walked onto the track at Canandaigua Motorsports Park.

Exclusive WBEN Audio
On The WBEN Liveline
WGR's Dave Buchanan
Former Dist. Atty Frank Clark

WROC-TV's John Kucko
 
Should race car driver Tony Stewart face charges in this weekend's death of a driver he struck?
Yes
( 25% )
No
( 75% )
 
 

He gestured, making his disgust evident with the driver who triggered the wreck with a bump: three-time NASCAR champion Tony Stewart.

Ward, a relative unknown compared to NASCAR's noted swashbuckler, was nearly hit by another passing car as he pointed with his right arm in Stewart's direction. As he confronted Stewart in his passing car, disaster struck.

Ward was standing to the right of Stewart's familiar No. 14 car, which seemed to fishtail from the rear and hit him. According to video and witness accounts, Ward's body was sucked underneath the car and hurtled through the air before landing on his back as fans looked on in horror.

Ward was killed. Stewart, considered one of the most proficient drivers in racing, dropped out of Sunday's NASCAR race at Watkins Glen, hours after Saturday's crash. And the sport was left reeling from a tragedy that could have ripple effects from the biggest stock car series down to weeknight dirt track racing.

 

Stewart says "there aren't words" to describe his sadness over the collision that killed Kevin Ward Jr.

In a statement released by spokesman Mike Arning, Stewart says "my thoughts and prayers are with his family, friends and everyone affected by this tragedy."

The full text of the statement:

 "There aren't words to describe the sadness I feel about the accident that took the life of Kevin Ward Jr. It's a very emotional time for all involved, and it is the reason I've decided not to participate in today's race at Watkins Glen. My thoughts and prayers are with his family, friends and everyone affected by this tragedy."

Authorities questioned the 43-year-old Stewart once on Saturday night and went to Watkins Glen to talk to him again Sunday. They described him as "visibly shaken" after the crash and said he was cooperative.

On Sunday, Ontario County Sheriff Philip Povero said that investigators also don't have any evidence at this point in the investigation to support criminal intent. But he also said that criminal charges have not been ruled out.

The crash raised several questions: Will Ward's death cause drivers to think twice about on-track confrontations? Did Stewart try and send his own message by buzzing Ward, the young driver, only to have his risky move turn fatal? Or did Ward simply take his life into his own hands by stepping into traffic in a black firesuit on a dark track?

The only one who may have that answer is Stewart.

David S. Weinsten, a former state and federal prosecutor in Miami who is now in private practice, said it would be difficult to prove criminal intent.

"I think even with the video, it's going to be tough to prove that this was more than just an accident and that it was even culpable negligence, which he should've known or should've believed that by getting close to this guy, that it was going to cause the accident," he said.

The sheriff renewed a plea for spectators to turn over photos and videos of the crash. Investigators were reconstructing the accident and looking into everything from the dim lighting on a portion of the track to how muddy it was, as well as if Ward's dark firesuit played a role in his death, given the conditions.

Driver Cory Sparks, a friend of Ward's, was a few cars back when Ward was killed.

"The timing was unsafe," he said of Ward's decision to get out of his car to confront Stewart. "When your adrenaline is going, and you're taken out of a race, your emotions flare."

It's often just a part of racing. Drivers from mild-mannered Jeff Gordon to ladylike Danica Patrick have erupted in anger on the track at another driver. The confrontations are part of the sport's allure: Fans love it and cheer wildly from the stands. Stewart, who has a reputation for being a hothead nicknamed "Smoke," once wound up like a pitcher and tossed his helmet like a fastball at Matt Kenseth's windshield.

"I've seen it many times in NASCAR, where a driver will confront the other one, and a lot of times they'll try to speed past them. And that's what it appeared to me as if what Tony Stewart did, he tried to speed past Ward," witness Michael Messerly said. "And the next thing I could see, I didn't see Ward any more. It just seemed like he was suddenly gone."

The crash also raised questions about whether Stewart will continue with his hobby of racing on small tracks on the side of the big-money NASCAR races. He has long defended his participation in racing on tracks like the one where the crash happened, even as accidents and injury have put his day job in NASCAR at risk.

Saturday's crash came almost exactly a year after Stewart suffered a compound fracture to his right leg in a sprint car race in Iowa. The injury cost him the second half of the NASCAR season and sidelined him during NASCAR's important Chase for the Sprint Cup Championship. Stewart only returned to sprint track racing last month.

The crash site is the same track where Stewart was involved in a July 2013 accident that seriously injured a 19-year-old driver. He later took responsibility for his car making contact with another and triggering the 15-car accident that left Alysha Ruggles with a compression fracture in her back.

"Everybody has hobbies," he said last month, adding that "there are a lot of other things I could be doing that are a lot more dangerous and a lot bigger waste of time with my time off do than doing that."

Greg Zipadelli, competition director for Stewart-Haas Racing, said Stewart felt strongly he should not race after the wreck. Regan Smith replaced him in his car.

"We're racing with heavy hearts," Smith said.


WATKINS GLEN, N.Y. (AP) - Tony Stewart pulled out of the NASCAR race at Watkins Glen Sunday, 12 hours after the three-time champion struck and killed a sprint car driver who had climbed from his car and was on a darkened dirt track trying to confront Stewart during a race in upstate New York.

Greg Zipadelli, competition director for Stewart-Haas Racing, said at a news conference that Stewart "feels strongly" about not racing Sunday following Kevin Ward Jr.'s fatal accident. The decision was an about-face for the organization, which had said when the track opened that Stewart would be behind the wheel of his No. 14 Chevrolet when the green flag waved.

"We gave Tony some time to sleep on it. He feels strongly this is the right thing to do," Zipadelli said. "All you can do is what you feel is right, and we feel this is right. We get through today and do it the best we can as a group.

"He's going through a tough time. It's emotional for him."

Regan Smith will drive Stewart's car instead.

Ward had crashed following contact with Stewart one lap earlier and got out of his car as it was stopped along the fence. Video of the incident showed Ward walking from his crashed car onto the racing surface as cars circled by, and, as he gestured at Stewart's passing car, he was struck.

Authorities questioned Stewart but said no criminal charges were imminent. Stewart traveled to Watkins Glen International following police questioning.

Ontario County Sheriff Philip Povero said Stewart was "visibly shaken" and had been cooperative in the investigation. Authorities were asking spectators and others to turn over any video they recorded of the crash.

"This is right now being investigated as an on-track crash and I don't want to infer that there are criminal charges pending," Povero said. "When the investigation is completed, we will sit down with the district attorney and review it. But I want to make it very clear: there are no criminal charges pending at this time."

A witness said it appeared Ward was trying to confront Stewart, the three-time NASCAR Sprint Cup Champion. The video showed Ward standing to the right of Stewart's familiar No. 14 car, which seemed to kick out from the rear and hit him.

Moments earlier, Ward and Stewart were racing side-by-side for position as they exited a turn. Ward was on the outside when Stewart, on the bottom, seemed to slide toward Ward's car and crowd him toward the wall. The rear tire of Stewart's car appeared to clip the front tire of Ward's car, and Ward spun into the fence.

Povero said Ward, who was wearing a black firesuit and black helmet, had walked into the racing area and one car swerved to avoid him before he was struck by Stewart.

"The next thing I could see, I didn't see (the other driver) anymore," witness Michael Messerly said. "It just seemed like he was suddenly gone."

A spokesman for Stewart's racing team called Ward's death a "tragic accident."

The dirt track, about 30 miles southeast of Rochester, canceled the remainder of the race and later posted a message on its Facebook page encouraging fans to "pray for the entire racing community of fans, drivers, and families."

Ward's website said he began racing go-karts in 1998 at age 4, but didn't start driving sprint cars until 2010. The 20-year-old from Port Leyden, New York, was Empire Super Sprint rookie of the year in 2012 and this year was his fifth season racing the Empire Super Sprints.

Stewart often competes in extracurricular events like the race on Saturday. The multimillionaire is known to participate in races with purses worth less than $3,000 and drive alongside drivers of varying ages and talent levels.

The crash Saturday came almost exactly a year after Stewart suffered a compound fracture to his right leg in a sprint car race in Iowa. The injury cost him the second half of the NASCAR season. Stewart only returned to sprint track racing last month, and won in his return, at Tri-City Motor Speedway in Michigan.

But the broken leg cost him the entire second-half of last season and sidelined him during NASCAR's important Chase for the Sprint Cup championship. Stewart wasn't cleared to get back in a race car until February, the day the track opened for preparations for NASCAR's season-opening Daytona 500 began.

"Everybody has hobbies. Everybody has stuff they like to do when they have downtime, and that's just what it is for me," he said last month following his return to sprint car racing. "That's what I like to do when I have extra time. I don't think there is anything wrong with doing it. I feel like there are a lot of other things I could be doing that are a lot more dangerous and a lot bigger waste of time with my time off do than doing that."

Among Stewart's many business interests is his ownership of Ohio dirt track Eldora Speedway, which last month hosted the NASCAR Truck Series, and his stake in Stewart-Haas Racing, which fields cars for Stewart, Kevin Harvick, Kurt Busch and Danica Patrick.

He's struggled a bit this year since returning from his leg injury, and heads into Sunday's race winless on the season and ranked 19th in the standings.

Stewart had been scheduled to start 13th on Sunday at Watkins Glen, one of just five remaining races for Stewart to either score a win or move inside the top 16 in points to grab a valuable spot in NASCAR's Chase.

The site of Saturday night's crash is the same track where Stewart was involved in a July 2013 accident that seriously injured a 19-year-old driver. He later took responsibility for his car making contact with another and triggering the 15-car accident that left Alysha Ruggles with a compression fracture in her back.


Poll
Do you think the Sony cyber attack is just the first of 'more to come'?
  Yes
  No
 
View Results