Was Ward stupid to confront a car on the track? Yes, but it's not like it's unheard of. I've been watching NASCAR since 1991 and have seen dozens of drivers do this. Dale Jarrett to Bobby Hillin at Bristol in 1993 was the earliest memory for me.
Of course Tony didn't do it on purpose. But that won't matter to a grand jury investigation.
Yes, there is plenty of footage of drivers pointing at the guys who wrecked them, but none of those guys crowded the track and put themselves in obvious danger.