Feb 22, 2015; Daytona Beach, FL, USA; A view of the merchandise trailer for NASCAR Sprint Cup Series driver Kurt Busch (not pictured) during the Daytona 500 at Daytona International Speedway. Mandatory Credit: Mike DiNovo-USA TODAY Sports
The following evidence influenced the decision:
- Photographs of Driscoll’s injuries, which matched her account of where Busch placed his hands on her and how he strangled her.
- Text messages between Driscoll and Busch after the events which continually referenced the incident. Busch’s communication made it clear he did not want the incident, whatever it was, to be reported to the media or to damage his career. He also hired a lawyer before Driscoll ever reported the events to the police, indicating that, whatever happened, he feared he would need legal protection. It was clear in the texts that Busch acknowledged something had occurred in Dover that was more severe in nature than his account suggests.
- Communication of Driscoll and Busch to counsel prior to Driscoll bringing the incident to the police, which referred to the incident as an assault.
- Driscoll’s attempt to resolve her issues with Busch through counsel without asking for a financial settlement, indicating her motives were to move forward amicably and in confidence, not in a public fashion that would hurt Busch’s reputation or cost him monetarily.
- The “Pocket Commando” video and ENIGMA film script that were to show Driscoll as an assassin, instead interpreted to prove she was not, as no truly trained operative would be auditioning for reality TV shows or basing a movie on her life when the nature of the work was secretive.
As everything started to accumulate for the court, a decision in favor of Driscoll became imminent to the Commissioner.