A grand jury in New York has decided that NASCAR driver Tony Stewart will not face charges stemming from that accident at a dirt track race in August when racer Ken Ward Jr. was killed.

District attorney Michael Tantillo also said Wednesday afternoon that Ward was under the influence of marijuana that night.

After Stewart and Ward bumped each other during the race, Ward's hit the wall and was knocked out of the race. Ward got out of his car to confront Stewart on the track. It was then Stewart car hit Ward as Ward hurtled in the air and was killed.