The decision whether to charge three-time NASCAR champion Tony Stewart in the August death of a fellow driver at a sprint car race in upstate New York will be up to a grand jury.

Ontario County (New York) District Attorney Michael Tantillo said Tuesday he made the decision to present the case to a grand jury after reviewing evidence collected by sheriff's investigators.

Tantillo could have determined there was not enough evidence to support charges and dropped the case, but instead announced his decision more than a month after Stewart's car struck and killed Kevin Ward Jr. at a dirt-track race on August 9.

County Sheriff Philip Povero spent weeks investigating the accident at the small track in Canandaigua, several times saying investigators did not have any evidence to support criminal intent by Stewart.

Sources: FOX Sports, Associated Press

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