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DA: Kevin Ward had marijuana in his system when hit by Tony Stewart

Our son got out of his car during caution while the race was suspended," Pam Ward, Kevin's mother, told the Rochester Democrat and Chronicle. "All the other vehicles were reducing speed and not accelerating, except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing the tragedy.

By Aileen Graef
Driver Tony Stewart before qualifying starts for the NASCAR Sprint Cup Series John Walding 400 at Indianapolis Motor Speedway in Indianapolis, on July 26, 2014. UPI /Ed Locke
Driver Tony Stewart before qualifying starts for the NASCAR Sprint Cup Series John Walding 400 at Indianapolis Motor Speedway in Indianapolis, on July 26, 2014. UPI /Ed Locke | License Photo

NEW YORK, Sept. 26 (UPI) -- Ontario County District Attorney Michael Tantillo said Wednesday toxicology reports showed Kevin Ward had marijuana in his system when he was struck and killed by Tony Stewart.

The mention of having marijuana in his system has frustrated people watching the case. Some say the DA was justified in dropping the charges due to the marijuana revelation, but many say it is irrelevant.

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"Our son got out of his car during caution while the race was suspended," Pam Ward, Kevin's mother, told the Rochester Democrat and Chronicle. "All the other vehicles were reducing speed and not accelerating, except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing the tragedy.

Stewart is facing no charges over Ward's death but could still face a civil suit from the family.

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