http://www.foxsports.com/nascar/stor...rt-case-081114

As Stewart's car approached Ward, Stewart appeared to gun his throttle and his car fishtailed to the right. Stewart's right-rear wheel hit Ward, who was thrown into the air and died as a result of the contact.
The contact during the race looked like it was a racing collision.
No doubt, Kevin Ward Jr.'s should have stayed in his car until the safety crew arrived.

After, if Tony did gun his engine to the point the back of his car stepped out towards Kevin Ward Jr. he may well be facing serious legal issues.

Considering Tony Stewart's past I can easily imagine Tony Stewart, seeing Kevin Ward Jr. out on the track ready to gesture his displeasure regarding the contact he and Stewart had, gunned his engine as a way of showing that Tony Stewart expects younger drivers to accord Tony Stewart some level of respect.

In the amateur video on YouTube Kevin Ward Jr. can be seen lunging to his left trying to avoid being hit by Tony Stewart's car.
http://www.youtube.com/watch?v=2vabmqRK3mM