CANANDAIGUA, N.Y. (CBSDFW.COM/AP) – NASCAR star Tony Stewart will not face charges in the August death of Kevin Ward Jr. at a sprint car race in upstate New York. The decision of the grand jury was made public on Wednesday afternoon.

Stewart’s car struck and killed 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.

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.

Stewart returned to the track at Atlanta Motor Speedway on Aug. 31 and has competed in four NASCAR races since the crash occurred.

The Sprint Cup Series returns to north Texas on Nov. 2 for the AAA Texas 500.

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