Grand jury to weigh case of NASCAR's Stewart

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.

Ontario County District Attorney Michael Tantillo said Tuesday he made the decision to present the case to a grand jury after reviewing evidence collected by sheriff's investigators. Tantillo could have determined there was not enough evidence to support charges and dropped the case, but instead announced his decision more than a month after Stewart's car struck and killed Kevin Ward Jr. at a dirt-track race on Aug. 9.

In a statement, Stewart said he respects the time and effort authorities have spent "investigating this tragic accident."

"I look forward to this process being completed, and I will continue to provide my full cooperation," he said.

Stewart-Haas Racing said Stewart will race in Sunday's NASCAR event at New Hampshire Motor Speedway. Stewart spent three weeks in seclusion before returning for the final two races of the Sprint Cup season. He did not make the Chase for the Sprint Cup championship field, and finished 18th in the first Chase race Sunday at Chicagoland.

County Sheriff Philip Povero spent weeks investigating the accident at the small track in Canandaigua, several times saying investigators did not have any evidence to support criminal intent by Stewart. Ward had spun while racing alongside Stewart and then the 20-year-old climbed out of his car and walked down the track, waving his arms in an apparent attempt to confront the 43-year-old NASCAR veteran.

"Upon my review of all of the information contained in the entire investigation," Tantillo said, "I have made the determination that it would be appropriate to submit the evidence to the grand jury for their determination as to what action should be taken in this matter."

He said the law prevented him from saying when the case would be scheduled or who would be called as witnesses.

Experts have said Stewart could be charged with second-degree manslaughter under New York law if prosecutors believe he "recklessly caused the death of another person," with negligent homicide another possibility.

DA: Josh Gordon gets

probation in DWI case

RALEIGH, N.C. -- A prosecutor said Tuesday that suspended Cleveland Browns receiver Josh Gordon will receive probation and undergo a substance-abuse assessment after pleading guilty to a drunken-driving charge in North Carolina.

Acting Wake County district attorney Ned Mangum said Gordon received a 60-day suspended jail sentence and one year of unsupervised probation Tuesday.

The Pro Bowler is serving an NFL imposed season-long suspension for a failed marijuana test, though that could be reduced under proposed drug policy changes.

For his DWI, Gordon must also comply with any treatment recommended through the substance-abuse assessment, pay a $100 fine and court costs, and perform community service. His driver's license was also suspended.

Gordon, who led the NFL with 1,646 yards receiving last year, has been away from the Browns during his suspension and planned to work for a car dealership.

Sports on 09/17/2014

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