Tony Stewart could still face criminal charges for running down Kevin Ward Jr. with his sprint car, even if the three-time NASCAR champion didn’t mean to kill Ward, hurt him or even scare him.

Ontario County Sheriff Philip Povero, who announced on Tuesday that the investigation is continuing, has said that his initial findings have turned up nothing that would indicate criminal intent in the crash at the Canandaigua Motorsports Park.

But legal experts agree that does not mean Stewart is in the clear.

The NASCAR star 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.