Prosecutor: Kevin Ward Was High on Marijuana the Night Tony Stewart Struck Him Prosecutors revealed the details today at a new conference.

 -- A toxicology report shows Kevin Ward Jr., the driver who was struck and killed by NASCAR driver Tony Stewart, had marijuana in his system the night he died, the Ontario County District Attorney said today.

District Attorney Michael Tantillo revealed the findings of the report at a news conference, where he also announced that a New York grand jury had cleared Stewart of responsibility in the death of Ward.

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Tantillo said the grand jury considered manslaughter and criminally negligent homicide charges.

He also said several videos of the incident were enhanced and analyzed and did not show any evidence of a crime committed.

Ward Jr., 20, died Aug. 9 after he exited his car in what looked like an attempt to confront Stewart during a race at Canandaigua Motorsports Park in New York.

Video of the incident showed Ward gesturing toward Stewart's vehicle as he walked out of his own car and toward the center of the racetrack where Stewart's car hit him.