Tony Stewart avoided a criminal trial for the death of Kevin Ward Jr. on Wednesday, but he may not be done spending time in a court room.

According to USA TODAY Sports, the family of Ward, whom Stewart ran over and killed with his car Aug. 9 during a dirt-track race in New York, indicated that they are not satisfied with a grand jury's decision against indicting Stewart in Ward's death and will "pursue all remedies in fairness to Kevin."

The report added that toxicology reports indicated that the 20-year-old Ward was under the influence of marijuana during the race. The level was high enough to impair Ward's judgment, Orange County (N.Y.) District Attorney Michael Tantillo said.

USA TODAY Sports added that Ward's mother Pam said that the "matter is not at rest" in a statement provided to the Rochester Democrat and Chronicle.

Tony Stewart's fate is in hands of another video of the fatal accident involving Kevin Ward Jr.

"Our son got out of his car during caution while the race was suspended," she said. "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.

"The focus should be on the actions of Mr. Stewart and not my son."

She refused comment on the toxicology report that found her son had enough marijuana in his system to impair his judgment. She did not answer questions aside from the statement, USA TODAY Sports reported.

Another USA TODAY Sports report revealed that Stewart and Ward did not collide earlier, as was previously surmised from the first amateur video of the incident that went viral. John Speranza, an attorney for Stewart, said an accident reconstruction expert, Gary Wayne Cooper, dissected videos of the fatal accident, slowing them down to show what happened:

"Also, Speranza said, Cooper decided that Stewart's car had not struck Ward's earlier, as many had surmised. Speranza said he did not know whether the State Police reconstruction also reached that conclusion, but clearly the grand jury - having heard both versions - determined that Stewart did not respond unreasonably while driving."

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