Delaware Attorney General Matt Denn’s office announced Thursday morning that they will not file any criminal charges against Kurt Busch. The decision comes after an investigation stemming from allegations made by Busch’s ex-girlfriend, Patricia Driscoll, of domestic assault.
The Delaware Department of Justice issued a statement indicating that meeting the burden of proof “beyond a reasonable doubt” would have been difficult.
“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 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.”
Busch is currently under an indefinite suspension issued by NASCAR on Feb. 20, just two days before the season-opening Daytona 500. The suspension came after the Family Court of the State of Delaware issued a detailed opinion of its findings that resulted in an Order of Protection of Abuse against Busch. Busch appealed the suspension but it was upheld on appeal and on Feb. 27 Busch agreed to the terms and conditions set forth by NASCAR to begin the reinstatement process.
“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,” Busch said in a statement. “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 also issued a statement, saying, “While I respect the process, I am disappointed that full justice was not served here,” Driscoll said in a statement. “My family and I take a measure of solace in the Order of Protection From Abuse granted by (family court) commissioner (David) Jones, who ruled my account of the facts was the most credible.”
David Higdon, NASCAR Integrated Marketing Communications vice president, responded to this latest development Thursday afternoon with 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.”
Joe Custer, Stewart-Haas Racing executive vice president, released the following statement, calling the decision an “important one.”
“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.”
Chevrolet announced last month that it had “suspended its relationship with Kurt Busch indefinitely.” Thursday evening, Jim Campbell, Chevrolet vice president of Performance Vehicles and Motorsports, reiterated their stance, stating, “Our relationship with Kurt Busch remains unchanged. He remains suspended, and we will continue to monitor all aspects of this situation.”
