Armour: Busch escapes charges but still must prove himself

NASCAR's decision to suspend Kurt Busch was the right one then, and it remains right now.

If the governing body is serious that it won't tolerate "any actions of abuse," as it said when it suspended Busch two weeks ago, it won't let its 2004 champion drive again until it's confident he's got his temper in check.

And it's going to take more than a pass from prosecutors to prove that.

"NASCAR is aware of the Delaware Department of Justice announcement today regarding driver Kurt Busch. As we disclosed Monday, he has accepted the terms and conditions of a reinstatement program and is actively participating in the program," NASCAR said in a statement late Thursday.

"Kurt Busch's eligibility for reinstatement will continue to be governed by that program and the NASCAR Rule Book...", though the elimination of the possibility of criminal charges certainly removes a significant impediment to his reinstatement."

That's exactly as it should be.

Two years ago, NASCAR did nothing when Travis Kvapil was charged with assaulting his wife. Nor did it do anything when he pleaded guilty and was placed on two years' probation. But three NFL cases – Ray Rice, Adrian Peterson and Greg Hardy – have caused a massive shift in the way domestic abuse is viewed.

No longer are abuse claims brushed aside as "family matters," or treated dismissively unless the complaint comes with a videotape or photographs. It's now understood that these cases are not cut and dried, meaning the standards by which they're judged can't be, either.

The Delaware Attorney General's announcement Thursday that Busch wouldn't be charged with assaulting his ex-girlfriend would seem to be at odds with a ruling two weeks earlier by a Family Court judge, who found a "preponderance" of evidence that domestic abuse had occurred. That's not necessarily the case, though.

The Family Court judge has to believe something happened. A prosecutor has to prove there's no possible way it didn't. That's a big difference.

Without physical evidence or eyewitness testimony, prosecutors had little choice but to acknowledge they were unlikely to get a conviction.

"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," Delaware Attorney General spokesman Carl Kanefsky said in an e-mailed statement.

"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."

Not exactly an exoneration, though Busch tried to spin it.

"I am grateful that the prosecutors in Delaware listened, carefully considered the evidence, and after a thorough investigation decided to not file criminal charges against me," he said in a statement. ".... As I have said from the beginning, I did not commit domestic abuse. I look forward to being back in racing as soon as possible and moving on with my life."

But the order of protection remains in place – and the judge who issued it also ordered that Busch be evaluated for anger management issues.

After years of looking the other away at domestic violence, no sports league or governing body can afford to take abuse allegations lightly. Here is NASCAR's chance to prove it doesn't.

Even before this case, Busch's temper was well-documented. Roush Fenway Racing cut ties with him in 2005 after he became belligerent during a traffic stop, and he was suspended for a race in 2012 for "verbal abuse of a media member."

Do due diligence to ensure he realizes that fits of temper are unacceptable. Let Busch prove he is worthy, both of racing again and NASCAR's trust.