The Tony Stewart case is going to a grand jury. The district attorney in upstate New York wiill send evidence gathered from the dirt track accident back in August. Kevin Ward Jr. was killed when he got out of his car and walked toward Tony Stewart and was bumped by Stewart.

The D.A. could have decided that there was not evidence to press charges and drop the case. But instead, a grand jury will get to decide if a case goes to court.

Stewart says he will continue to provide his full cooperation in the proceedings.

After spending three weeks in seclusion after the accident, Stewart returned to NASCAR racing. He did not make it into the championship field.but still is part of the field each week.

This week, the Sprint Cup Series is in Loudon, New Hampshire.