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Tony Stewart offers his story in fatal racetrack crash

Why did NASCAR superstar Tony Stewart gun his engine just before he hit and killed a 20-year-old amateur racer in Upstate New York?

Stewart, the retired 3-time stock car champion, said he was shocked to hear people accuse him of intentionally driving at Kevin Ward Jr. in 2014 at the Canandaigua Motorsports Park.

For the first time, Stewart offered his side of the story as part of hundreds of pages recently submitted to the court in a federal lawsuit. They cover admissions of previous racetrack outbursts for both Stewart and Ward, detailed reconstructions of the collision created by experts for both sides, firsthand versions from witnesses, and a statement from a woman who both dated Stewart and raced against Ward.

A local grand jury declined to press criminal charges against Stewart. But the lawsuit questions: Was Ward Jr.'s death a tragic accident or the result of recklessness from a hot-headed superstar?

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Peter Allen | Syracuse.com

Two versions of tragedy

The graphic above depicts two versions of the crash -- one from Ward's family and the other from Stewart. The competing reports were filed in the August 2015 lawsuit before a federal judge in Utica.

Toggle the buttons to compare the reports.

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The Associated Press

Was Stewart aiming for the amateur racer?

Witnesses -- including Stewart's ex-girlfriend -- immediately questioned whether Stewart had driven at Ward on purpose.

Jessica Zemken-Friesen, also a friend of Ward, remembers thinking that Stewart had tried to "scare" the amateur, but added she didn't know what her ex-boyfriend was thinking.

"I was shocked," Stewart said of the accusation, which he heard within an hour of the fatal crash. "Very shocked."

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YouTube screen grab

The 'slide job'

During the nighttime feature race, Ward spun out after Stewart crowded him into the barrier during a "slide job" on Lap 14 of the 25-lap race. Stewart called the maneuver "very common" and maintained he never hit Ward's car. Ward then got out of his wrecked car and walked toward Stewart’s car on the track.

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Court documents

Stewart: I hit the throttle

What happened next is the subject of the lawsuit. Stewart says he sped up as he attempted to turn to avoid hitting Ward, who approached while flailing his arms. The back right tire of Stewart's racecar struck and killed Ward.

The crash happened at Turn 2 of the Canandaigua racetrack. The above image is a representation of Ward's location from his family's point of view.

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WSYR screenshot

Ward's family: Stewart is responsible

Ward's family contends that Stewart – who has a history of anger issues -- gunned his engine to either intentionally hit Ward or "drift" past him so recklessly he should be responsible for the 20-year-old's death.

The lawsuit called it "the volatile superstar versus the 20-year-old amateur."

Photo: Kevin Ward Jr.'s parents, Pamela and Kevin Sr.

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The Associated Press

Stewart: I saw a figure on the track

In a deposition with Ward's family lawyer, Stewart recalls what happened after Ward crashed:

Question: So when you came around turn 1, did you see his car?

Stewart: Yes...

Question: After you saw his car, you saw him; he was on the track?

Stewart: After I -- yeah, after I saw his car, then I saw him.

Question: Okay. And --

Stewart: Or a figure. I didn't know that it was him...

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Court documents

Stewart: He was running at me

Stewart: I realized he was running down the racetrack toward me.

Question: Okay. For what purpose did you apply throttle to your car?

Stewart: To try to drive the car down to the left to get away from him.

Question: And was that immediately prior to the impact between him and your car?

Stewart: Yes.

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Empire Super Sprints Inc.

Ward's family: Why did Stewart hit the gas?

But Ward's family believes Stewart was trying to drive at him.

Question: And if you apply throttle in that situation and steer to the left, isn't the back of your car going to slide to the right?

Stewart: It did in that scenario, yes.

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Jim Commentucci

Stewart's ex-girlfriend: I 'saw what I saw'

Jessica Zemken-Friesen, who dated Stewart in 2011 and had raced dozens of times with Ward, told lawyers she was driving right behind Stewart during the fatal crash.

Question: Did you see him swerve?

Zemken-Friesen: No. I saw him go to the right up the embankment, closer to Kevin, and I saw him hit the gas and I saw the car –

Question: Do you think Mr. Stewart intentionally hit Mr. Ward?

Zemken-Friesen: I don't know what he was thinking or what was going through his mind. I just was behind it and saw what I saw.

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David Duprey | The Associated Press

Ward's dad: Was Stewart jealous over ex-girlfriend?

Ward’s father, Kevin Ward Sr., said he believes Stewart might have been trying to scare Ward because of his friendship with Zemken-Friesen, Stewart’s ex-girlfriend.

“Again, I don’t know what Tony was thinking that night…. He knew that it was Kevin on the track and he knew that Jessica Friesen is a very good friend of Kevin’s. In my opinion, he said there is Kevin Ward, the little whatever, I’m going to scare him a little bit. Went up – intentionally wanted to scare him, throw dirt on him, whatever by hitting the throttle and he just totally misjudged it.”

Photo: Jessica Zemken laughs with Tony Stewart at Watkins Glen in 2010.

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Court documents

Witness: Ward walked into tire

But a flagger that night, Brandon Ennis, said he saw Ward walk into Stewart’s car.

“I watched Kevin come down the track closer to the cars…and I watched Kevin walk directly into the right rear tire of Tony's car. I believe his hand hit the top wing and the tire grabbed Kevin.”

(The above image is a representation of the crash from Stewart's point of view.)

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Court documents

Stewart's report: Ward should have stayed in car

Dueling engineering reports in the lawsuit paint vastly different scenarios of what happened. Stewart’s report concludes that his car was aimed away from the approaching Ward and had started to move away from Ward at the time of impact. The report places blame on Ward, who should have remained in his vehicle after impact.

The image above shows Ward's footsteps toward Stewart's vehicle after the vehicle in front, driven by Chuck Hebing, passes. From Stewart's engineering report.

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Court documents

Ward's family report: Stewart 'drifted' into victim

But the Ward family’s report, also by a certified engineer, concludes that Stewart had gunned the engine to cause the car to “drift” into Ward. His car took a different trajectory than the other cars that had passed Ward. While Ward’s decision to walk onto the race track was not a safe one, it was Stewart’s “intentional disregard” for Ward’s safety that caused his death.

Graphic above from the Ward family's engineering report.

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Court doucments

Deputy: Stewart 'extremely distraught'

Police described Stewart as “extremely distraught over what happened” in a short statement taken that night. Ontario County Sheriff's Office Deputy Michael Rago described Stewart’s version of events:

“He saw Ward running down the racetrack pointing at the #45 car and nearly stepping in front of that car. Stewart told me he lost sight of Ward for a moment as he continued through the turn. Then he saw Ward pointing at his car and Ward stepping in front of Stewart’s car, Stewart attempted to swerve, the Stewart felt the right rear tire of his car hit Ward.”

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Court documents

Report: Ward smoked marijuana before race

A toxicology report showed that Ward had smoked marijuana within hours of the race. Ontario County’s district attorney said it was enough to impair Ward’s judgment. An expert concluded that there was enough in Ward’s system to blunt “the protective tendency to avoid some forms of risk taking.”

But the family disputed that. "[The Wards] admit that a toxicology report exists that allegedly found Kevin A. Ward Jr. to have smoked marijuana within at least five hours of participating in the August 9, 2014 race," they responded in court filings. "However, [the Wards] deny the validity, accuracy, and admissibility of said report."

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NASCAR

Stewart: Love him or hate him

Stewart is the type of personality race fans love or hate. Either way, he’s not shy about speaking his mind. During his illustrious career, he’s tangled with other drivers, the media and even trashed NASCAR’s official tire, Goodyear.

An internet search brings up lists of Stewart’s top NASCAR tantrums. There’s the time he fired his helmet at Matt Kenseth’s car, bouncing it off the nose. Or when he lit up his own pit crew, accusing them of giving away a close race. He’s purposefully crashed his car into another for crowding him. He’s pushed a photographer for being in his face. He started a fight with Joey Logano in pit row, calling him a “spoiled little rich kid” and promising to “beat (Logano’s) ass.”

Stewart acknowledged paying tens of thousands in fines for his tantrums.

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YouTube

Stewart: No counseling for anger issues

Question: All right. Would you say that you have had a -- had some issues with your anger throughout the course of your life?

Stewart: Occasionally.

Question: And have you, in fact, sought any counseling or treatment for that?

Answer: No, sir...

Question: Okay. You've been crosswise with some of your fellow competitors before, true?

Answer: All of us have been crosswise with each other at some point, yes. Not just myself. All of us. That's the nature of our sport.

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Provided photo

Ward: Big racing dreams, minor scrapes with law

Ward grew up around cars and was an experienced amateur racer. He hoped to compete in the highest level of sprint car racing, the World of Outlaws. He was being prepped to take over his dad’s painting business in Lewis County.

But Ward had his growing pains, too. He was arrested in 2011 for giving marijuana to a “kid” who hung around him, his dad, Kevin Sr., told lawyers. Ward did community service and paid a fine. As a high school senior, Ward took his dad’s truck without permission and was found by police with an open alcohol container, his dad said.

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Court documents

Ward's previous dust-up over 'slide job'

There was also an incident involving another amateur racer, Chuck Hebing. Hebing had also pulled a “slide job” on Ward at Brewerton Speedway in 2013, his (WARD’S?) dad said. Ward Sr. described what happened next:

“The race was over. The cars were in the pits…He actually went over to Chuck’s pit. A short time later I’m out of the trailer working on a car. Kevin comes back. The side of his face is all red. He said Chuck just punched me and I’m like what…I went over to Chuck Hebing’s trailer and there was like 20 people there and I’m like Chuck, what’s up and he said your son come over here and got in my face and shoved me…"

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Ward's family: Stewart had complimented his racing before

Ward Sr. recalled two previous races in 2010 in which he said Stewart had complimented his son’s racing. The first time, Ward Sr. said, Stewart was with Zemken-Friesen.

“After the race Jessica comes over to our trailer with Tony and Tony made the statement to my son where the hell were you the whole race meaning he couldn’t believe Kevin was that fast at the end of the race…”

Ward Sr. said they ran in to each other again later that summer. “I stood beside Tony Stewart next to the fence, Kevin was in the B main, he started seventh and actually won the B main and after he won the B main, Tony looked at me and said I can’t believe how your son can make that car go and then later that night my daughter was there and wanted a picture with Tony Stewart so Jessica went to get Tony … my daughter, Jessie and Tony took a picture together.”

Pictured: Kevin Ward Jr. with his parents.

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Court documents

Stewart: I don't remember meeting Ward before

Stewart said he didn’t remember meeting Ward Jr. before.

Question: Did you know Kevin Ward, Junior, prior to August 9, 2014?

Stewart: No, sir.

Question: Had you not met him before?

Stewart: Not to the best of my knowledge.

Question: Okay. Do you know whether or not you had raced with him before?

Stewart: I don't know that. I would assume I have, but I don't -- I don't know that for sure…

Question: You would have had -- if you didn't think you knew who Kevin Ward, Junior was, is it fair to say you wouldn't have had anything -- held anything for him or against him prior to the start of the race?

Stewart: Correct.

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Court documents

Stewart: Racing sprint cars for fun

Stewart, who retired from professional racing in 2016, never stopped competing at the small tracks where he cut his teeth as an amateur racer. That weekend, he’d driven NASCAR practice runs in Watkins Glen before driving a little over an hour to Canandaigua for the sprint car race.

This was just for fun: Stewart said it cost him money to run in the smaller races. His crew chief got the car shipped to the track and Stewart arrived with friends for the race.

Ward Sr. said his son liked to race against Stewart: “His goal was to beat Tony whenever he raced with him.”

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Photo: Regan Smith of Cayuga County. The Associated Press

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