Thursday, March 05, 2015

Busch Will Face No Charges In Alleged Assault

No criminal charges will be filed against NASCAR driver Kurt Busch, in the aftermath of an alleged assault involving former girlfriend Patricia Driscoll at Dover International Speedway last September.

The Dover Police Department investigated a complaint filed by Driscoll on Nov. 5, and forwarded its findings to the Delaware Department of Justice for review. In a statement today, the DOJ said, “After a thorough consideration of all of the available information about the case, it is determined that the admissible evidence and available witnesses would likely be insufficient to meet the burden of establishing beyond a reasonable doubt that Mr. Busch committed a crime during the September 26th incident. Likelihood of meeting that high burden of proof is the standard for prosecutors in bringing a case. For this reason, the Department of Justice will not pursue criminal charges in this case."


The decision comes just two weeks after Kent County (Del) Court Commissioner David Jones granted Driscoll a no-contact order, requiring that Busch remain 100 yards from Driscoll for the next 12 months, except "at NASCAR races and related events where closer proximity is required." The order also required Busch to undergo evaluation for "mental health problems related to anger control and impulse control.” He also cannot buy or possess firearms or ammunition for the next year.

The ruling stems from a disagreement Busch and Driscoll had that took place on Sept. 26, 2014, two nights before the fall NASCAR Sprint Cup Series race at Dover International Speedway.

Driscoll alleged that after an argument, Busch smashed her face three times into a bedroom wall inside Busch's motorcoach. Busch has emphatically denied the charges, saying he cupped her face and told her she had to leave, and that in the process the back of her head "tapped" the wall of his bedroom.

Busch was indefinitely suspended by NASCAR on Feb. 20, but has agreed to terms and conditions established by NASCAR for reinstatement. There is no timetable for his return, Regan Smith will replace him in this weekend’s race at Las Vegas Motor Speedway.

17 comments:

  1. Glad to hear this for Kurt. Now, maybe he can get back racing and we will have something else to talk about.

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  2. Anonymous11:22 AM

    Another guilty verdict by society before you're proven guilty or even charged in this case. He should not have been suspended because of a family court ruling. Their rulings tend to be made on the cautious side because of many previous decisions that weren't made and resulted in bad outcomes, to the extreme of homicide in a few instances.

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  3. Brandon in TN11:47 AM

    So an opinion by one person trumps the findings of the DA and Police who had hard evidence. Makes sense to me (insert sarcasm). So to me this puts egg on Nascar's face by going off an opinion instead of if criminal charges had been filed. Kvapil got less for more with his guilty plea.

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  4. Anonymous12:59 PM

    Nascar needs to reinstate Busch and make public apology

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  5. Can Kurt Busch sue NASCAR for defamation and lost wages?

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    Replies
    1. Pretty doubtful, since NASCAR has made no statements (defamatory or otherwise) concerning his guilt or innocence.

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    2. Anonymous9:02 PM

      Godfather love listening to you on the radio. You don't think the suspension was a form of statement? Many ways besides words to say something and get a point across.

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  6. Now that Kurt has been CLEARED of all charges, immediate reinstatement should be in effect. They were quick to suspend him, they should act accordingly to the NO charges. He should keep his distance from the physco but IMO Kurt should be able to race IMMEDIATELY!! Innocent means innocent..

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  7. What would you like too see happen Moody?

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    1. I would like to see NASCAR develop and publish a domestic violence policy to govern the sport, going forward. I do not believe that NASCAR's policy must necessarily mirror the standards of proof used by the Family or Criminal Curt system. They can adopt as stringent (or lenient) a policy as they see fit, in my opinion. I also would like to see Kurt Busch complete his reinstatement program and return to competition.

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  8. I agree with what you say but I still think after all that's been said Kurt was unjustly convicted by NASCAR. I realize his past probably has a lot to do with their decision and that should be taken into consideration but No charges are being filed so is that really fair to Kurt and his employer and sponsors?

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  9. Anonymous2:22 PM

    Does anyone else find the timing of the family court ruling suspicious

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  10. Wayne2:31 PM

    I think he should continue on his present course. But he also should be able to race while doing it.

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  11. Moody nascar has been good to you so I understand why you have the opinion you have but no charges are no chsrges so why should Kurt have to go thru the long drawn out process to be re instated? I wonder what the reaction would have been if this was a he said she said involving Junior? Not the same I am oretty sure

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  12. What about Chevy dropping Kurt? Will he be able to drive for SHR?

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  13. New thought on this old subject!
    Danica in post Daytona qualifer was shown pounding on Denny Hamlin's chest. As NASCAR participants consider themselves part of a big family, could this have been viewed as domestic violence?

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  14. Anonymous10:00 AM

    How come nobody in the media is repeating the statement from commissoner David Jones that even though I have mixed feelings that she gave false testimony against Nascar minister I still feel she is mostly credible. Once you have been caught lying in court most judges usually dont believe anything else you say.

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