The family of racing car driver Kevin Ward slammed a US grand jury’s decision on Wednesday not to charge Tony Stewart with the death of their son, saying they will “pursue all remedies.”

Stewart, one of the most popular drivers in America’s NASCAR stock car circuit, struck and killed the up-and-coming 20-year-old driver during an August 9 dirt track race at Canandaigua Motorsports Park in New York.

“The focus should be on the actions of Tony Stewart and not Kevin. The matter is not at rest and we will pursue all remedies, in fairness to Kevin,” the family told ESPN, after toxicology reports revealed that Ward had been under the influence of marijuana.

“Our son got out of his car during caution, while the race was suspended,” the family said.

“All other vehicles were reducing speed and not accelerating except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car towards him, causing this tragedy.”

Prosecutor Michael Tantillo said that almost two dozen people testified before the grand jury, including a number of race car drivers, racetrack employees and volunteers, two accident reconstructionists, medical personnel and several police officers.

“After listening to and questioning all of the witnesses and reviewing all of the evidence, the grand jury has determined that there is no basis to charge Tony Stewart with any crimes. His case was therefore ‘No-Billed’ by the grand jury,” Tantillo said.

Stewart, part owner of Stewart-Haas Racing, called it “the toughest and most emotional experience of my life, and it will stay with me forever.

“I respect everything the district attorney and sheriff’s office did to thoroughly investigate this tragic accident. While the process was long and emotionally difficult, it allowed for all the facts of the accident to be identified and known.”

Ward died from massive “blunt trauma” after being struck by Stewart’s race car and dragged down the dirt track.

The incident occurred after Stewart and Ward collided during the race, sending Ward’s vehicle spinning into a wall which prompted race officials to call for a caution.

During the caution, Ward climbed out of his car and then walked down the dirt track, pointing his finger in the direction of Stewart and yelling at him.

The right rear of Stewart’s car slammed into Ward after other drivers managed to avoid hitting him.

The Ontario County Sheriff’s Department conducted a month-long investigation before handing its findings over to the district attorney on September 11.

Among the evidence were two videos of the incident.

“The videos actually did not demonstrate any aberrational driving by Tony Stewart until the point of impact with Kevin Ward, at which point his vehicle veered to the right up the track, as a result of the collision,” Tantillo said. “Prior to that, his course was pretty straight.”

NASCAR spokesman Brett Jewkes said they “respect” the decision.

Following the incident, NASCAR implemented new rules barring drivers from getting out of their vehicles, unless it is on fire, until safety personnel arrive.