Kurt Busch will not be charged in Dover case

[AMLNet49]

“Kurt Busch will not be charged by the Delaware Attorney General's office. Attorney General Matt Denn's office declined to file charges stemming from a complaint filed in November by the driver's ex-girlfriend Patricia Driscoll.”

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 Sept. 26 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

–Delaware Attorney General spokesman Carl Kanefsk

Right now there is nothing about his suspension. However, there was a report yesterday that NASCAR wants him to go through some recovery process if he is going to get reinstated, and that was on the assumption he wouldn't be found guilty, which was exactly the case. So if that report is true it could still be a few weeks before we see Kurt back at the track.

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Opinon: I think most likely he still did it, as that commisioner concluded that more likely than not it happened. However, if your accuser can't meet the burden of proof you are presumed innocent. And that's what happened here. So I'll have to presume him innocent and move on, and I think NASCAR must as well.

 

[Mystical]

If he didn't do anything it's really a shame all he lost and has to re-do again. Rather unfair in my opinion for him to get cut off from nascar and Chevy when he is not charged for anything but some restraining order apparently is all it takes to ruin your life before the official court makes a decision ...

Kurt wasn't innocent before proven guilty in this matter. He was guilty before proven innocent by the court.

 

[4WideRacing]

I'm glad he isn't being charged, but it's terrible how it has destroyed his year for nothing...

 

[DBReaver35]

you know in all this I want to know where the Dover Security is, there is a lot of question around them. Also the fact it all came out 6 weeks after the said events.

 

[ayrwolf]

Many companies will suspend or put an employee on administrative leave until any criminal allegations are resolved. NASCAR didn't do anything different than IBM, Lowes, or General Motors wouldn't have done. It is just that we are familiar with Kurt so we are more involved. Kurt needs some type of help. There has been a pattern of real and alleged incidents to raise red flags. Again I hope this is the bottom for him and he can turn things around.

 

[RP Motorsports]

If he didn't do anything it's really a shame all he lost and has to re-do again. Rather unfair in my opinion for him to get cut off from nascar and Chevy when he is not charged for anything but some restraining order apparently is all it takes to ruin your life before the official court makes a decision ...

Thing is, there is no "official" court. There's two court systems, criminal and civil. While most consider criminal court as the more significant one, the fact of the matter is, you're accountable in both systems. Both courts can establish a finding of guilt vs. innocence, and both courts can impose consequences. And they're totally independent of eachother (that is, unless you ignore civil court orders and they become criminal).

Point being, even though the burden of proof is less stringent in a civil court, it doesn't necessarily make a civil court's finding any less valid. Again, you're just as accountable in either court.

Sucks for Kurt if he didn't do anything. If he did, then he's pretty lucky right now, considering how much more severe the consequences could've been. However, only he and Patricia really know what happened that day. For the rest of us, one court decided it was more-likely he did something, the other court decided not to pursue it because it's hard to prove a "he said, she said" case beyond a reasonable doubt. But at this point, I think the biggest thing moving forward is that Kurt gets the help he needs. Thats about all you can hope for.