Family court releases findings in Kurt Busch hearing

Jeff Gluck | USA TODAY Sports

DAYTONA BEACH, Fla. -- A Delaware family court has found Kurt Busch to have "by a preponderance of the evidence ... committed an act of domestic violence" against his ex-girlfriend Patricia Driscoll, which required a protective order that was granted Monday.

In his reasoning, released Friday afternoon, Kent County commissioner David Jones said he believed Busch abused Driscoll "by manually strangling her by placing his left hand on her throat, while placing his right hand on her chin and face and smashing her head into the wall of his motor home, thereby recklessly placing (Driscoll) in reasonable fear of physical injury."

NASCAR suspended Busch and Chevrolet cut ties with the driver of the No. 41 for Stewart-Haas Racing.

The Sept. 26 incident at Dover International Speedway caused Driscoll "to suffer bruising and substantial and prolonged pain to her head, neck and throat" and that "a reasonable person would have found it threatening or harmful."

Although the court agreed their relationship was over, it said a protective order was "necessary and appropriate to reduce the likelihood of domestic violence."

NASCAR did not immediately have a comment on the matter.

Busch, the 2004 Sprint Cup champion who drives for Stewart-Haas Racing, is scheduled to participate in Sunday's Daytona 500.

SHR did not immediately comment on Jones' reasoning.

The results of the criminal investigation into the domestic abuse allegations made by Driscoll have not been released yet. That investigation was completed before Christmas and the findings turned over to the Attorney General's office. Busch has not been charged.

Driscoll heads the Armed Forces Foundation and often is at NASCAR tracks for events.

Busch's lead attorney, Rusty Hardin, on Thursday appealed the court to reopen the proceedings that culminated with the no-contact order.

They claim that multiple witnesses have come forward since the hearing's conclusion and provided information that contradicts versions of the events, and asked Jones to delay his opinion until ruling on his motion.



In a letter to attorneys, Jones did not discount that motion and wrote he decided to publish the opinion, as scheduled, because his reasoning may offer some clarity regarding the motion to reopen.

The civil order, good until Feb. 16, 2016, said Busch has to stay 100 yards away from Driscoll, her home and workplace. At NASCAR races he has to maintain the maximum "practicable" distance from her and not attempt to contact her, according to the order.

Busch is also not allowed to contact Driscoll by phone, email or any other means and has to be evaluated for mental health problems related to anger control and impulse control. He also may not be allowed to purchase or possess firearms or ammunition.

Jones ultimately sided with Driscoll in the he-said, she-said case, citing her credibility and demeanor while testifying.

He wrote the "most troubling issue regarding (Driscoll's) credibility…involves the allegation that (Driscoll) falsely testified" that Motor Racing Outreach pastor Nick Terry told her in a phone conversation that Busch's lawyers "had offered him financial assistance in an effort to secure his testimony, which she characterized as an attempt to bribe Mr. Terry."

But Terry testified at the hearing, which lasted four days stretched over two months, he had not been offered financial assistance.

Jones wrote he decided to "disregard" Driscoll's false testimony because it did not rise to the level "where the balance of her testimony cannot be trusted ... as the Court finds that the balance of her trial testimony is sufficiently corroborated by other credible evidence."

The protective order was necessary, Jones wrote, because it was clear Driscoll felt threatened. He cited Driscoll's need to change the alarm codes and door lock codes to her residence and set up security cameras "throughout and around the house, as well as a television in (Driscoll's) bedroom, so that she could monitor the security feeds."

In addition, Jones said the fact Driscoll stayed away from Armed Forces Foundation events at NASCAR races despite the importance of those events to her foundation "further confirms her testimony that she is fearful of personal contact with (Busch) as the result of the fact that he strangled her on Sept. 26."

Jones wrote he found Busch's testimony to be less credible than Driscoll's, basing it on "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" as well as the fact his testimony conflicts with other evidence and testimony presented in the hearing.

Based on all of the above, Busch's "version of the events is implausible, does not make sense and is unlikely to be true given the totality of the other evidence admitted at the trial."

Jones also wrote that there could be future acts of abuse against intimate partners because of Busch's "propensity to lose control of his behavior and act out violently in response to stressful, disappointing and/or frustrating situations involving his racing."

Jones said the incident was "likely situational in nature" where the "stressors of the situation" overwhelmed Busch's ability to "cope and control his tendency to act out violently in response to stress and frustration, causing him to 'snap' and assault" Driscoll.

The relationship began to crumble following the New Hampshire Motor Speedway race the week before the alleged incident occurred.

Driscoll testified Busch became frustrated and upset due to a poor race result and ripped the rearview mirror from the windshield of the rental car, which ended with the mirror accidentally hitting Driscoll's leg.

Busch then told Driscoll the relationship was over and called off their planned anniversary trip through New England.

Dristoll testified Busch drove her to Logan Airport in Boston, where they argued. Busch allegedly pulled Driscoll's seatbelt around her neck, then let it go and got out of the car, Driscoll testified.

Driscoll then drove off, leaving Busch at the airport without his luggage. She said such arguments had occurred at other stages of their relationship when Busch would become frustrated with his race results, but they would always make up after he calmed down. She expected this time would be no different.

But Busch testified he thought the relationship was over and texted "bye forever" after their argument at the airport (he denied pulling her seatbelt around her neck).

The next time Busch heard from Driscoll was on the night of Sept. 26, when she texted to check on him. She became concerned and then drove from her home in Maryland to Dover, where the alleged incident occurred.

Contributing: Jon Offredo, Wilmington (Del.) News Journal

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