NASCAR suspends Kurt Busch
DAYTONA BEACH, Fla. — NASCAR has suspended 2004 Sprint Cup champion Kurt Busch in the wake of a Delaware court's ruling on a domestic violence incident with his ex-girlfriend.
The decision comes on the eve of NASCAR's version of the Super Bowl, the Daytona 500 scheduled for Sunday.
Busch was found to have "more likely than not… committed an act of domestic violence," Kent County Family Court commissioner David Jones wrote Friday in an opinion regarding the protective order he granted to Patricia Driscoll on Monday.
This is the third suspension for the driver known as ''The Outlaw.''
NASCAR said in a statement released Friday afternoon that it suspended Busch ''for actions detrimental to stock car racing. ...
"... 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."
Chevrolet immediately suspended its relationship with Busch.
Gene Haas funds the No. 41 Chevrolet out of pocket, and added Busch to the team in 2014 in a fourth car without sponsorship.
Busch has not been charged. The findings from the police investigation were turned over to the Delaware Attorney General's office before Christmas but the results have not been announced.
NASCAR executive vice president and chief racing development officer Steve O'Donnell briefly addressed the media at Daytona International Speedway Friday evening:
As we stated last year, NASCAR fully recognized the serious nature of the specific situation involving Kurt Busch and really the broader issue of domestic violence.
Based on our review of the available details, including the court's findings that were released today, NASCAR has indefinitely suspended driver Kurt Busch.
As with any suspended member, Kurt will have the right to appeal this. If he does elect to appeal this, NASCAR will expedite the appeal process.
NASCAR has made it very clear to our broader membership and the entire industry that any actions of abuse will not be tolerated. (I) want to make it clear that any inference that there's a culture of tolerance for this type of behavior is patently false.
Busch will appeal via Rusty Hardin, the lead attorney in the domestic abuse case, said in part in a statement:
"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."
Busch cannot have legal representation before the three-person review panel, which is made up from a pool list. He can bring witnesses and he can have Hardin available outside the room. Hardin cannot be in the appeals room.
If the panel upholds the decision, Busch can take it to Bryan Moss, final appeals officer.
SHR released a statement Friday evening that stated:
"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."
In a statement, Driscoll said she hopes what she went through will help other women.
"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 reenforce the organization's position it took today: Domestic violence will not be tolerated in NASCAR."
NASCAR chairman and CEO Brian France has pledged to take a tough stance on domestic violence since the Busch news first broke in November.
He has said that although NASCAR has not taken action for such instances in the past – most notably for driver Travis Kvapil's domestic violence incident in 2013 – the national conversation around domestic violence has changed. France said NASCAR would wait until there was some form of legal action against Busch before acting – and apparently, the commissioner's written opinion on Friday was enough to make the call.
"Until they make some judgments on that investigation, it wouldn't be right of us to just intervene before they've even gotten the investigation completed," France said in November. "So that's our position. We'll respect their process. It's in their hands."
And in January, France took a similar stance.
"I'm sure most other leagues, as well, when there are those clear circumstances, have a much more severe reaction to how you deal with those things, and that will be no different with NASCAR," he said. "The only thing we want to do is, and this is important, we've got to let the facts come in. There would be no reason for me or NASCAR or anybody else to get ahead of those facts given that they may change. Let's let the facts come in, and if there's something for us to react to, you can appreciate that we will be very careful and very aware of what the circumstances are."
Busch was to start 24th in the Great American Race. He drove Thursday night in the second Budweiser Duel, a qualifying race that helps set the field, and helped Stewart-Haas Racing teammate Danica Patrick make the race.
Busch also was suspended by former team Roush Racing in 2005 after he was detained by Maricopa County (Ariz.) Sheriff's deputies during a Phoenix International Raceway weekend. He was then suspended in 2012 after threatening a reporter on pit road at Dover.
Busch has also clashed with drivers, NASCAR officials and reporters at times throughout his career, developing a reputation as a volatile personality.
A Las Vegas native, Busch is considered to be one of the most talented drivers in NASCAR. He won the 2004 Cup championship and has 25 career victories, but his behavior issues have seen him lose rides with Roush and Team Penske.
Driscoll asked the Kent County court for a protective order, and unusual testimony played out in a four-day hearing that took place over two months. Busch accused Driscoll of being a trained assassin who would have no reason to fear him; Driscoll said she feared for her safety after Busch allegedly slammed her head against a wall three times.
In his reasoning 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."
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."
PHOTOS: Kurt Busch's NASCAR career
Follow Gluck on Twitter @jeff_gluck