In this Oct. 29, 2010, file photo, NASCAR driver Tony Stewart sits in his car during practice for the NASCAR Sprint Cup series auto race at the Talladega Superspeedway in Talladega, Ala.  A grand jury will decide whether Stewart will be charged in the August death of fellow driver Kevin Ward at a sprint car race in upstate New York, Ontario County District Attorney Michael Tantillo announced Tuesday, Sept. 16, 2014. Ward, 20, died after being struck by Stewart's car. Ward had climbed out of his car and walked onto the dirt track to confront Stewart after he spun out while the two raced side by side. (AP Photo/Glenn Smith, File)

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.

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