PORT LEYDEN, N.Y. (AP) – The family of an upstate New York sprint car racer who was hit and killed by NASCAR star Tony Stewart says they’ll “pursue all remedies” after a grand jury decision not to charge Stewart.

In a brief statement read by Kevin Ward Jr.’s sister, the family says “this matter is not at rest” and the focus should be on Stewart’s actions, not Ward’s, during the dirt-track race on Aug. 9 in Canandaigua (can-uhn-DAY’-gwah).

Kayla Herring spoke Wednesday after Ontario County District Attorney Michael Tantillo said an autopsy showed Ward had enough marijuana in his system to “impair judgment.”

Ward had climbed from his car after it had spun while racing alongside Stewart. The 20-year-old walked down the track, waving his arms in an apparent attempt to confront Stewart.