No Criminal Charges for Kurt Busch, Key Parties Respond

Kurt Busch, driver of the NASCAR Sprint Cup Series No. 41 for Stewart-Haas Racing until two days before the Daytona 500, will not face criminal charges in Delaware as a result of alleged domestic violence against former girlfriend Patricia Driscoll. The months-long investigation concluded in early February with findings handed over to a Delaware district attorney’s office for consideration of charges. That office announced their conclusion Thursday with the following statement…

“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 Sept. 26 incident,” Delaware Attorney General spokesman Carl Kanefsky said in an email. “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.”

Busch was indefinitely suspended by NASCAR February 20, and Chevrolet followed suit by cutting ties with the driver later that day. NASCAR announced earlier this week that Busch had agreed to the terms of reinstatement, which will remain private, and is currently undergoing that process. Following yesterday’s announcement of no criminal charges NASCAR released the following statement…

“NASCAR is aware of the Delaware Department of Justice announcement today regarding driver Kurt Busch. As we disclosed Monday, he has accepted the terms and conditions of a reinstatement program and is actively participating in the program. Kurt Busch’s eligibility for reinstatement will continue to be governed by that program and the NASCAR Rule Book, though the elimination of the possibility of criminal charges certainly removes a significant impediment to his reinstatement.”

Busch issued the following statement after learning he would not face criminal charges.

“I am grateful that the prosecutors in Delaware listened, carefully considered the evidence, and after a thorough investigation decided to not file criminal charges against me. I wish to thank my family, friends, fans, and race team who stood by me throughout this nightmare with their unwavering support. Thanks also goes to my legal team for making sure that the truth got out and was fully provided to the prosecutors. As I have said from the beginning, I did not commit domestic abuse. I look forward to being back in racing as soon as possible and moving on with my life.”

Driscoll, who was successful in petitioning the court for a restraining order from Busch through 2016, responded to the announcement with the following statement…

“While I respect the process, I am disappointed that full justice was not served here. My family and I take a measure of solace in the Order of Protection From Abuse granted by commissioner Jones, who ruled my account of the facts was the most credible. At great risk to my personal and professional reputation, I have spoken candidly, at length, and on the record, to a variety of outlets in an effort to correct the distortions and sensationalism that have unfortunately marked the coverage of this painful time in my family’s life. I would urge anyone covering this case to stick to the well-established facts. Giving further air to baseless and discredited accusations about me does a disservice to the public and reduces a serious matter for law enforcement into tabloid gossip. In all future developments in this case, I will continue to stand up for my integrity and for justice. But for now, I am focused on my family, my friends, and my important and gratifying work with the Armed Forces Foundation.”

Stewart-Haas Racing executive vice president Joe Custer released the following statement…

“We appreciate the thoroughness of the Dover Police Department’s investigation into the allegations made against Kurt Busch and respect the time the Attorney General put into his decision. They are the experts in these matters and the decision not to pursue charges is an important one. We’re currently working with NASCAR to understand how this impacts Kurt’s reinstatement process.”

Regan Smith has driven the No. 41 in the two races since Busch’s suspension and will drive the car again this weekend in Las Vegas.