Kurt Busch denies assault allegations; chaplain backs driver

Jon Offredo | Wilmington (Del.) News Journal

DOVER, Del. — Kurt Busch denied allegations of domestic assault during a court hearing Monday, saying that all he did was cup his hands around his ex-girlfriend's face and tell her to leave.

The denials came as he and his defense attorney, Rusty Hardin, re-enacted the events of Sept. 26. It was that night that Busch's ex-girlfriend, Patricia Driscoll, alleged the driver slammed her head three times against the bedroom wall of Busch's motor home that was parked at Dover Downs International Speedway. Monday was the third day of a hearing related to a protection order filed by Driscoll last year.

Standing toe-to-toe in the courtroom at Kent County (Del.) Family Court, Hardin asked Busch if he "pushed her head against the wall" that night.

"No, I did not," Busch responded calmly.

"Did you slam her head against the wall?" Hardin then asked.

"No sir," Busch again responded.

"Did you slam her head against the wall three times?" his attorney asked, repeating Driscoll's allegation.

"No, I did not," Busch said.

The 2004 NASCAR Cup champion, known for his temper, said that he asked Driscoll, who brought her 9-year-old son to the motor home, to leave several times. Driscoll has said she was concerned for Busch's well-being after a poor showing and an argument between the two the week prior and came to see Busch that night after an alarming text from him.

Hardin spent most of Monday disputing Driscoll's allegations and calling her credibility into question. He has said that Driscoll is a jilted ex-lover who is out to destroy Busch's reputation. Hardin has argued that Driscoll showed up uninvited and refused to leave the night of the alleged assault.

"This woman has fabricated things across the board to suit her needs at the time ... ," he said on Monday.

Several people testified during the hearing, including Busch, that Driscoll claimed she was a trained assassin who had killed people, including drug lords. While on the stand, Busch said Driscoll claimed that Jessica Chastain's character in the movie Zero Dark Thirty was partly based on her and other females working in counterintelligence and defense.

When Hardin asked how he'd fare in a physical confrontation, Busch said he knew she could overpower him.

"I knew she could take me down at any moment," Busch said.

Asked why, he said, "Because she is a badass."

Earlier on Monday, proceedings began with one of NASCAR's chaplains, Nick Terry.

Terry testified that Driscoll told him Busch had grabbed her by the neck and pushed her up against the wall, but that was it. He said that Driscoll asked he and his wife to look for marks or redness on her neck, but they found none.

His account differed from Driscoll's account, in which she alleges that Busch slammed her head against the wall three times.

Terry said Driscoll showed up crying at his motor home on the night of the alleged assault and told him that Busch had grabbed her by the neck and pushed her against the wall. But he said Driscoll never told him, as she has testified and told Dover police, that Busch slammed her head into the wall three times. Terry said he and his wife did not notice any marks on Driscoll.

"I'm certain I didn't see anything," he said.

Terry testified that he initially declined requests by Busch's attorneys to testify in the proceeding because he did not want to take sides in the dispute between Busch and Driscoll.

But Terry said he changed his mind after being shown excerpts from testimony by Driscoll, who told the court that Busch's attorneys had threatened and tried to bribe Terry. Terry said that was not true.

"Did we ever threaten you?" Hardin asked Terry.

"No you did not. … You did not bribe me," Terry replied.

"No one has offered my anything," Terry told Family Court Commissioner David Jones.

Busch's assistant, Kristy Cloutier, also testified on Monday, saying that she had doubts about Driscoll's claims. Busch would never harm another person intentionally, she said.

"Kurt wouldn't do it," Cloutier said. "That's just not Kurt."

She characterized the relationship between Busch and Driscoll as like a puppet and puppeteer, with Driscoll as the puppeteer.

Driscoll filed the protection order last year, saying that she fears for her safety. She requested that Busch stay away from her and not contact her. She is also asking for Busch to undergo a psychiatric evaluation and order him to be evaluated by a certified domestic violence treatment agency, according to the court filings.

But Hardin contended that Driscoll was upset that Busch did not reach out to her following the alleged incident in Dover. He questioned how she could be fearful for her safety, while simultaneously reaching out to Busch to talk things over.

Driscoll filed a complaint with the Dover Police Department in November. Police wrapped up their investigation in late December and handed off their findings to theDelaware Attorney General's office.

The hearing resumes Tuesday morning.

Contributing: Associated Press

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