NASCAR indefinitely suspended Kurt Busch Friday afternoon “following the release today of a supplemental disposition setting forth the findings and conclusions that formed the basis for the Family Court of the State of Delaware’s decision on Monday to issue an Order of Protection from Abuse against him.”
They determined that Busch was in violation of:
– Section 12.1.a: Actions detrimental to stock car racing.
– Section 12.8: Behavioral Penalty.
NASCAR further stated that, “Given the serious nature of the findings and conclusions made by the Commissioner of the Family Court of the State of Delaware, NASCAR has indefinitely suspended driver Kurt Busch, effective immediately. He will not be allowed to race nor participate in any NASCAR activities until further notice.
“Kurt Busch and his Stewart-Haas Racing team are fully aware of our position and why this decision was made. We will continue to respect the process and timetable of the authorities involved.”
NASCAR also confirmed that Busch can appeal the suspension and that they will expedite the process.
NASCAR’s decision comes after the Kent County (Del.) Family Court Commissioner David Jones granted a protective order to Kurt Busch’s ex-girlfriend, Patricia Driscoll Monday, February 16. Friday afternoon Jones released the supplemental disposition and opinion which details the reasons for his decision.
His conclusion was that “it is more likely than not on September 26, 2014, Respondent (Busch) committed an act of abuse against Petitioner (Driscoll) by manually strangling Petitioner with his left hand on her throat, while placing his right hand against her chin and face while placing his right hand against her chin and face, causing her head to forcefully strike the interior wall of (Busch’s) motor home, thereby recklessly causing physical injury to (Driscoll).’’
Jones wrote that he found Driscoll’s version of events was more credible “based upon her demeanor when required to recall and describe the alleged acts of abuse, the absence of motive to falsify when she initially disclosed the alleged abuse moments after the events in a manner consistent with her trial testimony, the fact that her testimony regarding those events is corroborated by documentary evidence, including photographs of her injuries and text communications between both parties both before and after the incident and between herself and others after the incident.’’
Jones also said that Busch’s version of the events was “less credible than (Driscoll’s) version.” This was “based upon the manner in which he initially testified regarding those events, his obvious interest in preserving his racing career, which could be endangered by a finding that he committed an act of domestic violence, the fact that his testimony conflicts with the documentary evidence that corroborates (Driscoll’s) version of the events.” Busch’s testimony was further described as being “inconsistent with the credible testimony of other witnesses.”
Driscoll issued a statement Friday night.
“For victims of domestic violence there are no “victories.” My only hope is that the pain and trauma I suffered through this process will help other victims find their voice. Unfortunately we live in a culture where stories like mine are often swept under the rug out of fear and with the knowledge that for every person who shows empathy many more will seek to disparage the victim. It is bad enough to endure the actual physical abuse but the verbal attacks that follow when a victim speaks up are sometimes just as painful.
“Today NASCAR took an important step and deserves to be commended. The next steps are to develop a thorough process and policies that reinforce the organization’s position it took today: Domestic violence will not be tolerated in NASCAR.”
Stewart-Haas Racing executive vice president, Joe Custer, reacted to NASCAR’s ruling in a statement saying, “We understand NASCAR’s position regarding Kurt Busch and accept their decision. We are in the midst of finalizing our plans for the Daytona 500 and we will announce those details as soon as we’re ready.” The team has named Regan Smith as the interim driver for the No. 41 in the Daytona 500.
Chevrolet responded soon after the decision in a statement from Jim Campbell, Chevrolet vice president of Motorsports and Performance Vehicles.
“Chevrolet has suspended its relationship with Kurt Busch indefinitely. We will continue to monitor the events surrounding Mr. Busch and are prepared to take additional action if necessary.”
Busch’s attorney, Rusty Hardin, issued a statement after NASCAR’s ruling and announced their intention to immediately appeal the ruling. The appeal will be heard Saturday by a three-member panel in Daytona. If Busch loses the appeal Saturday, he can make one last appeal which would be heard by former president of Gulfstream Aerospace, Bryan Moss, who has been selected as NASCAR’s final appeals officer.
“We are extremely disappointed that NASCAR has suspended Kurt Busch and we plan an immediate appeal. We assure everyone, including NASCAR, that this action against Mr. Busch will turn out to be a travesty of justice, apparent to all, as this story continues to unfold.
“We are confident that if the Commissioner agrees to hear newly available evidence that contradicts the testimony of Ms. Driscoll, he will be able understand the actions of that night as well as Ms. Driscoll’s character and motivations and reconsider his judgment. He has already found that Ms. Driscoll lied under oath at least once. Our newly available evidence will make it clear that much more of her testimony was untruthful and was purposefully kept from the Commissioner by Ms. Driscoll’s attempts to intimidate and threaten witnesses.
“It is important for everyone to remember that the Commissioner’s report has to do with a civil, family law matter and no criminal charges have been filed against Mr. Busch.
“We ask everyone’s patience as this case continues in the court of law and are confident that when the truth is known Mr. Busch will be fully vindicated and back in the driver’s seat.”
