Upstate cops intensified their probe into whether NASCAR driver Tony Stewart intentionally mowed down and killed a rival — while another racer said he thought the tragedy could have been avoided.
Paul Kinney — who was also competing when Stewart’s car struck driver Kevin Ward Jr. on a dirt track in Canandaigua Saturday — said he clearly saw Ward on the track and managed to dodge him himself.
“I seen Kevin clear as day. Nobody else ran into him, either,” he told NBC News, noting he was close enough to see Ward’s face after the 20-year-old stepped out of his car, angrily gesturing at Stewart.
“It’s not a good idea to get out of your car and run towards other cars,’’ Kinney said.
As for Stewart, “Nobody can speak for Tony. Only Tony knows exactly what happened.”
Probers reconstructed the crash Monday and said they were still seeking more video from that night. They said they have reviewed two tapes so far.
Stewart — a three-time NASCAR Sprint Cup champion and the most experienced driver in Saturday’s Empire Super Sprints race — appeared to bump Ward’s car with his own, causing Ward to spin out.
Ward got out of his car onto the track to confront Stewart.
As Stewart raced by, he appeared to hit the throttle, fishtailing and striking Ward.
Stewart, 43, hasn’t been criminally charged in Ward’s death, but TV legal analyst Rob Becker said it’s likely he will be.
“What happens when you hit that throttle is the car is going to move to the right . . . Stewart had to know that if he hit the throttle with a man standing on the dirt to his right, there was a good chance the car would hit him, which means there’s a good chance he could be killed,” Becker said Fox Sports 1.
“To me, that’s reckless homicide. That’s manslaughter in the second degree.”
Ontario County Sheriff’s Department officials said that Stewart — known for his temper on the track — was questioned Saturday and Sunday and that there were currently no plans to question him again.
“At this time, there are no facts that exist that support any criminal behavior or conduct or any probable cause of a criminal act in this investigation,” Sheriff Philip Povero said Monday.
Stewart, meanwhile, announced Monday that he was dropping out of a dirt-track race Saturday in Indiana.
It was not clear whether he would compete in this weekend’s NASCAR race at Michigan International Speedway.
Stewart “will have as much time as he needs to make that decision,” said his rep, Mike Arning. “It is still an emotional time for all involved, Tony included. He is grieving, and grief doesn’t have a timetable.”
On Monday, daisies and sunflowers were left at the Canandaigua track in memory of Ward, a Port Leyden resident.
Reached by phone, a relative of Ward refused to say if she felt Stewart should be charged.
“We need our space to grieve,” said the woman.
Earlier Monday, Ward’s aunt lashed out at Stewart.
“Thanks for thinking of our family tony Stewart when you decided to be a d***!” Wendi Ward posted on Facebook.