DOJ: No Criminal Charges Against Kurt Busch
It was announced earlier today that the Delaware Department of Justice will not be filing criminal charges against @KurtBusch. The Department was investigating Busch over an alleged act of domestic abuse that occurred between him and his ex-girlfriend, Patricia Driscoll, at the Dover International Speedway last September.
Carl Kanefsky, public information officer for the department, made the following statement this morning:
“The Delaware Department of Justice has carefully reviewed the complaint made of an alleged act of domestic violence involving Kurt Busch in Dover on September 26, 2014, which was reported to the Dover Police Department on November 5, 2014 and investigated.
“After a thorough consideration of all the available information about the case, it is determined 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.”
Busch is currently serving an indefinite suspension from NASCAR due to the Commissioner of the Family Court of the State of Delaware’s earlier supplemental findings and opinions from a protective order that stated it was “more likely than not” that Busch committed abuse.
UPDATED: Busch made the following statement after the news was announced.
“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 responded with a statement of her own.
“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 the commissioner Jones, who ruled my account of the facts was the most credible.”
Her statement goes on to say that “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.”
It was just announced earlier this week that Busch and NASCAR had agreed to a reinstatement process. David Higdon, VP of NASCAR Integrated Marketing Communications, commented last night on the process and what this ruling means for Busch.
“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.”
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