Tony Stewart's Actions Questioned by Father of Killed Driver

Aug 14, 2014 09:50 AM EDT | Matt Mercuro

The father of a race car driver hit by NASCAR's Tony Stewart over the weekend criticized the three-time champion in a newspaper interview for not seeing his son standing on the track.

Sprint driver Kevin Ward Jr. died on August 9 when Stewart's car hit the driver while he was walking on the dirt track in Canandaigua, New York.

"Tony Stewart was the best damn driver by far on the track that night. Why he had to go up as high as he did and hog my son, there's no reason for it," said Kevin Ward Sr. according to the Syracuse Post-Standard.

The 20-year-old driver was on the track to confront Stewart after his car bumped Ward's.

"Apparently, Tony Stewart was the only one driving out there who didn't see him," Ward Sr. said.

Ward Sr. mentioned that his son had never left his car during a race before.

Investigators looking into the possibility that Stewart hit the throttle when he approached Ward, according to Reuters.

 "I think the reason he probably got out of that car is who put him into the wall. He was definitely put into the wall," Ward added.

No charges have been filed against Stewart yet, but the investigation will last at least two more weeks, according to authorities.

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, according to criminal law professor Corey Rayburn Yung of the Kansas University School of Law, according to CBS News.

"The question over whether someone was reckless is a factual one, and one a prosecutor might let a jury decide," said Yung, who also posts at the Concurring Opinion blog, according to CBS News.

Stewart has been fined three times for his on-track behavior, along with altercations with reports, race officials, and photographers.

Back in 2012, Stewart walked onto the track and threw his helmet at another driver who he felt "had wronged him."

"He's not afraid to battle with other drivers when it comes to his opinions and how he thinks things should be done but when he's in the race car he's extremely talented," said Jeff Gluck, who has covered racing for USA Today for 10 years, according to CBS News.

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