CANANDAIGUA, N.Y. (AP) — A grand jury has decided against charging NASCAR star Tony Stewart in the August death of another driver at a sprint car race in upstate New York.

The decision was announced Wednesday, nearly seven weeks after Stewart’s car struck and killed Kevin Ward Jr. at a dirt-track race on Aug. 9 in Canandaigua. District attorney Michael Tantillo also said Ward was under the influence of marijuana that night “enough to impair judgment.”

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Ward had climbed from his car after it had spun while racing alongside Stewart. The 20-year-old walked down the track, waving his arms in an apparent attempt to confront the three-time NASCAR champion.

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The front of Stewart’s car appeared to clear Ward, but Ward was struck by the right rear tire. He died of blunt force trauma.

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