A grand jury will decide whether NASCAR driver Tony Stewart will be charged in the August death of a fellow driver at a sprint car race in upstate New York, a prosecutor said Tuesday.

Ontario County District Attorney Michael Tantillo said he made the decision to present the case to a grand jury after reviewing evidence collected by county 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 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.