The aunt of race car driver Kevin Ward Jr., who was fatally struck by NASCAR star Tony Stewart in a race on Aug. 9, issued an open letter Sunday, questioning why her nephew had been drug tested instead of Stewart, further claiming that the "the wrong man was on trial," ABC News reported. On Sept. 24, a grand jury in Ontario County, N.Y., determined that Stewart would not face criminal charges due to insufficient evidence.
"Why was the toxicology report even an issue? Seems to me the wrong man was on trial," Wendi Ward read the letter over the phone to USA Today. "Tell me why Tony Stewart was not taken in for testing, why his car wasn't impounded. Tell me how a man the size of Kevin can make a sprint car turn to the right on impact. Tell me how a lap before (the incident) everything was fine, but the following lap was poor lighting. Tell me how a NASCAR star totally forgot what caution means."
"Maybe he should get a different headset so he is able to hear on the radio that the car in caution is up high, so go low. Or was he low until he rounded the corner and saw Kevin Jr. standing up for himself?"
Last month, 20-year-old Ward was struck by Stewart's vehicle after he got out of his car and walked onto the track to confront Stewart for cutting him off and causing his car to spin into a wall during a live sprint event at Canandaigua Motorsports Park, Yahoo Sports reported.
At that time, a toxicology report showed Ward had marijuana in his system the night he died, indicating that his judgment might have been impaired, Ontario County District Attorney Michael Tantillo said, adding that Stewart was never tested since a person cannot be forced to give a sample for a drug test if he or she is not under arrest.
"This means nothing to me, but I want to say it is my understanding that pot stays in a person's system days, weeks, possibly months. Rumor has it that it may be legalized and prescribed for some patients, so then will these people have their drivers' licenses taken away because it makes you react - supposedly - in a certain way?" Ward said.
"To me, that's not the case. It's known to mellow a person. We understand that the report showed marijuana, but we as a family don't believe he was under the influence or impaired at the time due to the 10 hours prior to the race that he spent with the family," she continued.
"What we do believe is that maybe people react to certain situations because of anger. I've seen it in NASCAR, sports functions and even on our own roads. And yes, these people have to pay for their actions. Well, I guess it depends on who you are."
Meanwhile, a representative for Stewart declined to comment on the letter.
In a statement released after the grand jury's findings were announced, Stewart said the past two months have been the "toughest and most emotional experience of my life, and it will stay with me forever."
"While much of the attention has been on me, it's important to remember a young man lost his life," he said. "Kevin Ward Jr.'s family and friends will always be in my thoughts and prayers."
In an interview last week, Stewart claimed that the incident was "100 percent an accident."
