DAYTONA BEACH, Fla. — SATURDAY 3:25 P.M. UPDATE:
(AP) Kurt Busch has lost his appeal to be reinstated for the season-opening Daytona 500.
A three-judge panel upheld NASCAR's suspension on Saturday, but attorney Rusty Hardin said Busch will now go to final appeals officer Bryan Moss, who indicated he would hear it Saturday night.
PHOTOS: NASCAR suspends Kurt Busch after domestic violence details
Busch was suspended indefinitely Friday after a Delaware judge said the 2004 champion almost surely choked and beat a former girlfriend last fall at Dover International Speedway.
Even if Moss overturns the suspension, Stewart-Haas Racing has moved forward with plans to use Regan Smith in Busch's No. 41 Chevrolet on Sunday. Chevrolet suspended its relationship with Busch following NASCAR's suspension.
Busch represented himself in the hearing. NASCAR was represented by Jim Cassidy, senior vice president of racing operations. The panelists were former NASCAR executive Paul Brooks, former driver Lyn St. James and Kevin Whitaker, operator of Greenville Pickens Speedway in South Carolina.
Report: NASCAR suspended driver Kurt Busch indefinitely
Following his hearing, Busch exited NASCAR's office building without comment. He climbed into a waiting SUV that sped off, squealing its tires.
Busch began the appeals process Saturday across the street from Daytona International Speedway as Smith was preparing to take his place. Smith got to the track early Saturday to get fitted for the seat and learn the nuances of the team and the car.
Kurt Busch stands by claim that ex-girlfriend is trained assassin
Crew members used a thick piece of black tape to cover Busch's name above the car window. Shortly afterward, Smith climbed in and was one of the first to turn laps in the final practice session for the Daytona 500.
"There are a lot of people that have had their hands on that race car, have worked hard on that race car and they deserve to still have the opportunity to go out and win that race," Smith said. "And that's what we're going to try and do for them."
Smith had a 90-minute practice to get accustomed to the car, his crew and the draft at the high-banked, high-speed tri-oval. Then he had to qualify and race in the Xfinity season opener later in the day.
NASCAR driver Kurt Busch accused of domestic assault
Busch, meanwhile, seemingly slipped into NASCAR headquarters without drawing any attention from a handful of reporters staked outside.
It's unclear what SHR will do beyond Daytona. Busch's car is funded out of pocket by team co-owner Gene Haas, who hand-picked the former champion to drive a car adorned with Haas' machine tools building company. He wanted Busch because he believed Busch could get the car to victory lane.
Haas has not commented since the Friday suspension, and he may not be willing to pay for the car if Busch is not behind the wheel.
Ex-girlfriend says Kurt Busch has domestic violence problem
"We haven't spoken about anything beyond that," SHR executive vice president Brett Frood said.
Smith drove co-owner Tony Stewart's No. 14 car last season at Watkins Glen after Stewart hit and killed a fellow driver who got out of his car in a short-track race. Smith, who has one Cup victory, also filled in two races in 2012 while Dale Earnhardt Jr. recovered from a concussion.
"He's a good fit, he's in the family and he'll get us through this week," SHR competition director Greg Zipadelli said. "It's a shame we are going through this, but it's what we are dealt. We'll make the best of it and see where it goes from here."
Below is the statement from Busch's attorney, Rusty Hardin:
"We are very disappointed that our appeal was rejected by NASCAR's appeal panel. We are re-appealing immediately, per the proscribed process. We have significant and strong evidence that contradicts the Commissioner's conclusions. In the end we are confident that Kurt will be vindicated and he will be back racing. Until then we will continue to fight on his behalf by ensuring that the entire truth is known."
(AP) — NASCAR suspended Kurt Busch indefinitely Friday after a judge said the former champion almost surely choked and beat a former girlfriend last fall and there was a "substantial likelihood" of more domestic violence from him in the future.
In a stunning move two days before the season-opening Daytona 500, NASCAR said Busch would not be allowed to participate in any series activities until further notice given the "serious nature of the findings and conclusions" made by a Delaware judge involving the driver known as "The Outlaw."
PHOTOS: NASCAR suspends Kurt Busch after domestic violence details
"Kurt Busch and his Stewart-Haas Racing team are fully aware of our position and why this decision was made," NASCAR said in a statement. "We will continue to respect the process and timetable of the authorities involved."
Busch attorney Rusty Hardin said the driver will appeal, and NASCAR said it will be expedited.
"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," Hardin said in a statement. "It is important for everyone to remember that the Commissioner's report has to do with a civil, family law matter and no criminal charges have been filed against Mr. Busch.
"We ask everyone's patience as this case continues in the court of law and are confident that when the truth is known Mr. Busch will be fully vindicated and back in the driver's seat."
Busch becomes the first driver suspended by NASCAR for domestic violence. Chairman Brian France had maintained the series would let the process play out before ruling on Busch's eligibility — and the series came down hard in finding that he committed actions detrimental to stock car racing and broke the series' behavioral rules.
Travis Kvapil, who qualified second for Friday night's Truck Series race, was arrested and charged with assault of his wife in 2013. NASCAR took no action against Kvapil.
Chevrolet immediately suspended its relationship with Busch. A short time later, on the glass outside of Busch's garage stall at Daytona, someone had scrawled in black marker "#41 Ray Rice," a reference to the former Baltimore Ravens running back whose own case of domestic violence dominated much of last year. Busch drives the No. 41 Chevrolet.
In a 25-page opinion explaining why he issued the no-contact order this week, Family Court Commissioner David Jones concluded that it was more likely than not that Busch abused Patricia Driscoll by "manually strangling" her and smashing her head into a wall inside his motorhome at Dover International Speedway last September.
The 36-year-old Busch has denied the alleged assault, which is the subject of a separate criminal investigation, but the judge said Driscoll's version of the incident was more credible than Busch's.
Driscoll said she was never motivated to have Busch punished by NASCAR.
"I reported a crime, just like anybody else who has been abused should do, because no one is above the law," Driscoll said. "I'm very encouraged that NASCAR is taking steps to recognize that domestic violence is a serious issue, and I hope that we see them develop a very clear policy on it."
She urged NASCAR to develop a confidential reporting mechanism that partners of drivers could use to report domestic abuse without fear of threats or reprisals for coming forward.
"NASCAR has made it very clear to our entire membership and the broader industry that any actions of abuse will not be tolerated in the industry," NASCAR executive vice president Steve O'Donnell said. "I want to make it clear that any inference that there's a culture or a tolerance for this type of behavior is patently false."
It is Busch's third career suspension. He was suspended in 2012 by NASCAR for threatening a reporter, and parked for the final two races of the 2005 season by Roush-Fenway Racing after he was pulled over by police in Arizona.
He now races for SHR, which has not said who will replace Busch in Sunday's race.
"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," SHR said.
Busch, the 2004 NASCAR champion, has 25 career wins but only one since 2011. It came last year, his first season with SHR, the team that helped resurrect his career.
Team co-owner Gene Haas hand-picked Busch to drive a car paid for out of pocket by Haas because the machine tool manufacturer wanted to see a driver take his company to victory lane. Busch was fired at the end of 2011 by Roger Penske for a series of on- and off-track incidents, and he spent two seasons driving for low-budget teams before Haas extended the olive branch.
Busch had been on a resurgence of sorts at SHR, which allowed him to compete in both the Indianapolis 500 and the Coca-Cola 600 on the same day last year. He finished sixth at Indianapolis last May and was named rookie of the race.
But his season began to unravel late last summer as his performance tailed off. Although he made the Chase for the Sprint Cup championship, he was eliminated after the first round.
It was the weekend of the first elimination race, at Dover, where Driscoll alleged Busch assaulted her in his motorhome.
She said she drove to the track out of concern for Busch, who sent her alarming text messages following a poor qualifying effort. She said the two argued in the bedroom section of the motorhome before he slammed her head against a wall three times.
Driscoll did not file charges until November, and the Delaware attorney general has not decided if Busch will be charged.
But Driscoll sought a no-contact order, and the couple spent four days over December and January in a Delaware court presenting their sides. At one point, he accused of her of being a trained assassin.
Jones noted that Driscoll presented false testimony that conflicted with that of a chaplain who saw her immediately after the alleged assault and said he didn't see any marks or bruises on her. Jones nevertheless said he didn't believe Driscoll's false testimony amounted to perjury or intentional falsehood.
The judge concluded that Busch did not appear to be a prototypical batterer who uses violence to subjugate or control, but that the incident instead was most likely a "situational" event in which Busch was unable to cope and to control his tendency to act out violently in response to stress and frustration, causing him to "snap."
At the same time, however, Jones said he believes there's real possibility that Busch will lash out again. Jones added that because Busch has a propensity to lose control in response to disappointing or frustrating situations involving racing and that those who love him are likely to be around him at those times "there is a substantial likelihood of acts of domestic violence by respondent against future intimate partners."
Busch's attorneys filed a motion Thursday asking Jones to re-open the hearing so that they can present testimony from three acquaintances of Driscoll who they say were previously reluctant to get involved but have now come forward to contradict statements Driscoll has made about her relationship with Busch.
Busch spoke publicly in Charlotte in January for the first time since the accusations.
Busch told Channel 9 sports anchor Phil Orban that every bit of his testimony, including his most outlandish claim that ex-girlfriend Patricia Driscoll was a trained assassin, is true.
"When you have things going on in the offseason, that's the best time for different things to happen in your life and make those changes, and so it's good to start moving forward to get a resolution on all that. It takes patience to wait on the investigation to find a conclusion," Busch said.
Chevrolet issued a statement following Busch's suspension from NASCAR.
"Chevrolet has suspended its relationship with Kurt Busch indefinitely," said Jim Campbell, Chevrolet vice president of Motorsports and Performance Vehicles. "We will continue to monitor the events surrounding Mr. Busch and are prepared to take additional action if necessary."
Stewart-Haas Racing's statement: "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."
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- Kurt Busch stands by claim that ex-girlfriend is trained assassin
- NASCAR driver Kurt Busch accused of domestic assault
- Ex-girlfriend says Kurt Busch has domestic violence problem
OFFICIAL NASCAR STATEMENT:
NASCAR has indefinitely suspended driver Kurt Busch for actions detrimental to stock car racing following the release today of a supplemental disposition setting forth the findings and conclusions that formed the basis for the Family Court of the State of Delaware’s decision on Monday to issue an Order of Protection from Abuse against him.
Busch, driver of the No. 41 car, was found to be in violation of:
- Section 12.1.a: Actions detrimental to stock car racing
- Section 12.8: Behavioral Penalty
“Given the serious nature of the findings and conclusions made by the Commissioner of the Family Court of the State of Delaware, NASCAR has indefinitely suspended driver Kurt Busch, effective immediately. He will not be allowed to race nor participate in any NASCAR activities until further notice.
“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.”
WSOC
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