NASCAR has reduced Kurt Busch's indefinite suspension to an indefinite probation contingent on his participation in a "treatment program."
NASCAR says they decided to reduce Busch's punishment for the following reasons:
• Busch complied with all requirements in its reinstatement program.
• Completed the mandatory behavioral assessment sessions; and
• The behavioral health care expert who conducted the sessions recommended to NASCAR that Kurt Busch be allowed to return to competition.
On March 5, the Delaware Attorney General's office announced Busch would not face criminal charges for allegedly assaulting his ex-girlfriend, Patricia Driscoll.
In a statement, NASCAR said "the elimination of the possibility of criminal charges removed a significant impediment to Kurt Busch's return to full status as a NASCAR member."
Hours after reinstatement, Busch gave a statement during a conference call with reporters:
Busch: I never did any of the things I was accused of. It was a complete fabrication.
Busch: Im appreciative of the road to recovery process. I’m respecting that. For me, it’s created a good foundation. Wish I’d done it sooner
In February, Busch was suspended indefinitely by NASCAR for the incident after a judge determined Busch had choked Driscoll and hit her head against a wall.
It is more likely than not that on Sept. 26, 2014, (Busch) committed an act of abuse against (Driscoll) by manually strangling (Driscoll) with his left hand on her throat 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).
In an attempt to discredit Driscoll's account of the alleged assault, Busch has claimed she was a trained assassin.
In a statement to ESPN, Delaware Department of Justice officials said they had not been able to obtain enough evidence to charge Busch for the assault:
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," the statement said.
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.
NASCAR has yet to comment on the decision:
No word yet from #NASCAR ... NASCAR indicated after appeals that no matter criminal outcome, Kurt must go thru reinstatement process.
Patricia Driscoll's attorney, Mark Dycio, released a statement to USA Today in which he says it "seems impossible that the attorney general's office made this decision on burden of proof grounds."
The decision from the Delaware Attorney General does not deny that the assault occurred, and indicates only that the state's attorneys lack confidence in their ability to get a criminal conviction. It changes nothing about the established facts of the case.
Mr. Busch testified in open court that he squeezed Patricia's face, and admitted to police that he slammed her head against the wall in the process. Given that these admissions establish an assault took place, and that police recommended Mr. Busch be prosecuted, it seems impossible that the attorney general's office made this decision on burden of proof grounds.
It would be unfortunate, and a terrible precedent for victims of abuse, if the prospect of inviting a media circus fueled by Mr. Busch's wealth, notoriety, and hostile PR team in any way swayed this decision.
We are comforted at least in the knowledge that the judge who did hear the evidence found clear reason to believe Busch committed the assault, and granted the protective order to Patricia and her family.
A previous version of this article featured a photo of Regan Smith, who replaced Kurt Busch after his suspension.