No charges will be filed against NASCAR driver Kurt Busch in a domestic violence case involving ex-girlfriend Patricia Driscoll. The announcement, made Thursday by Delaware prosecutors concludes their criminal investigation into the 2004 Sprint Cup champion.
“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.”
NASCAR suspended Busch last month after a Delaware Family Court decided there was enough evidence to believe that Busch choked and punched Driscoll during a race weekend at Dover International Speedway last September. After the announcement, Chevrolet followed suit in choosing to suspend their relationship with Busch as well.
However, the standard of proof in a civil case is different. After a review of the evidence, Delaware prosecutors discovered there was not enough evidence to raise the bar to criminal charges against the former Cup champion.
Regan Smith has already been named as the driver of the No. 41 Stewart-Haas Racing Chevrolet this weekend at Las Vegas Motor Speedway. Smith has driven the first two races of the season in the No. 41 Chevrolet while Busch pursues his reinstatement under private terms outlined by NASCAR as part of his indefinite suspension.