Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

Not only does NASCAR's Kurt Busch deny Domestic Violence allegations by his ex but he claims that she'd win any fight because she is a "badass trained assassin"

So Kurt Busch, NASCAR Sprint Cup driver of the Miller Lite # 2 car, continues to defend against allegations of domestic violence against his ex-girlfriend Patricia Driscoll.  That's the formerly happy couple below, as they wrap up day three (3) of testimony 

But things haven't been so good as of late, at least not if you believe Patricia, who claims that when she appeared at Kurt's motor home at the Dover International Speedway on September 26, 2014 to comfort him as he was distraught over a poor qualifying run he grabbed her by the throat and the face and then slammed her head into a wall three (3) times.  

Busch tells a radically different tale, claiming that his ex showed up at Dover both unannounced and unwelcomed and that "I cupped her cheeks I looked her in the eye and I said 'You have to Leave'". Busch claims that the confrontation could not have happened as Patricia described as Patricia is a "trained assassin who would fight and win".  He testified that "I know that she could take me down at any moment because she is a badass".  Busch claims that she convinced him that she had been a mercenary who had killed people by showing him pictures of dead bodies with gunshot wounds as well as a scar on her stomach which she claimed had come from a stab wound.  Busch claims that he stayed with her as her beau despite warning from other folks who told him that she was crazy because he "thought that was exciting".  

Patricia claims that Busch assaulted her when she drove to Dover from her Maryland home to check on him after he had sent her several disturbing texts, including one where he claimed to have been "crying, lying on the floor and didn't know which way was up".  Busch claims that he was in fact crying as he reflected on his breakup with Patricia after watching Brad Pitt's "Seven Years in Tibet", and that the movie - in which the protagonist leaves his wife and son - had made him think about his relationship with Patricia and her nine (9) y/o son. Still, Busch adamantly denies the allegations of domestic violence claiming that Patricia is "a scorned woman who is out to destroy my career" and adding that "when she doesn't get her way you don't want to stand in front of that bulldozer".  

This "he said / she said" pissing match may rise and fall on the independent testimony of Nick Terry, a NASCAR chaplain, who had contact with Patricia after the alleged incident of domestic violence. According to the chaplain Patricia showed up crying at his motor home and told him and his wife that Busch had grabbed her by the neck and then pushed her against the wall.  Terry claims that Patricia did not say anything to him about having had her head slammed into a wall (much less three (3) times) and that while she was visibly upset neither he nor his wife observed any injuries or marks on Patricia.  For his testimony Patricia's lawyers first accused the chaplain of having been threatened, and then having been bribed, by Busch to secure his testimony.  

Obviously I was not there and I do not know what happened, but I do know that while many cases of domestic violence are all to real there are also many abuses of the process and that the system is easily manipulated by petitioners with an agenda (and the temerity to lie under oath so as to accomplish their objective).  Still, because of the nature of domestic violence cases (which oftentimes involve emotionally charged and co-dependent folks) and the potential for escalating recidivism, the system is almost always skewed toward the complaining witness.  While I think that Judges should be more attuned to the very real potential for abuse of the abuse process I also firmly support Sir Patrick Stewart's take on domestic violence:

This case involves a civil restraining order but there is also a criminal component to domestic violence cases.  In FL DV case Defendant's suffer aggressive prosecution (more aggressive than many other offenses), the State feels obligated to "force" all victim's to "help themselves" (which serves the dual purpose of covering its own ass in the event of a subsequent violent altercation) and the Court engages in pure self-protection (no Judge wants to read her/his name in the paper as being responsible for "cutting loose" the repeat DV offender who re-injures, more seriously injures or kills a victim when the Court could have acted to prevent the same from occurring). These are the practical realities of DV cases and it is for these reasons that there is a mandatory 24 hold (a statutorily required cooling-off period) for anyone booked into a FL jail for any DV case and that DV victim's are afforded special protections, are required to be evaluated (if only by responding officers who have a DV "checklist") and are required to be provided information about alternatives to returning to "life" with the alleged perpetrator.  In the end the fact remains that there are no excuses for committing acts domestic violence, so don't do it.    

Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 

Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. "its all about reasonable doubt"!