Kahne being sued for alleged Homestead assault-UPDATE 3
74 Comments Published December 23rd, 2007 in NASCAR News
UPDATE 3:
In his statement to authorities, Kasey Kahne’s brother Kale Kahne said he has reaching for his ID but that his brother didn’t have his because he’d just been in a car on the track. “He (Kasey) said. ‘I am going to walk to my motor home then,’” Kale Kahne wrote. “One guard got in front of Kasey and grabbed him and said that you are not going anywhere. …Kasey pushed his hands off of him. The guard lost balance and fell to the ground.”
Statements from four witnesses, all law enforcement officers, support Hutchinson’s accusations that Kahne was the aggressor.
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UPDATE 2:
Responding to the lawsuit filed today against Gillett Evernham Motorsports’ driver Kasey Kahne for an incident that occurred at Homestead-Miami Speedway on Friday, Nov. 16, 2007, Rick Russell, president of Gillett Evernham Motorsports, issued the following statement:
“Gillett Evernham Motorsports is a close family and Kasey Kahne is an integral part of our organization. The alleged action in this case is not consistent with the Kasey Kahne we know. It is unfortunate the issue has progressed to this point. We support our driver, Kasey Kahne, and have complete confidence in the legal process.”
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UPDATE:
Gillett Evernham Motorsports driver Kasey Kahne faces a Jan. 8 court hearing on a misdemeanor battery charge stemming from a confrontation with a security guard Nov. 16 at Homestead-Miami Speedway.
Kahne is accused of pushing security guard Archibald Hutchinson after being asked to present a NASCAR credential. Kahne, wearing his driver’s uniform, was trying to enter the motor home compound at the track.
Hutchinson was treated and released from the track’s infield care center.
The maximum sentence for misdemeanor battery in Florida is one year in jail and a $1,000 fine.
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A Miami law firm announced its plans Monday to file a lawsuit against a NASCAR driver accused of assaulting a 62-year-old security guard at the Homestead-Miami Speedway last month. Russell Dohan, an attorney with Goldberg & Dohan, said the lawsuit against NASCAR driver Kasey Kahne would be filed Monday in Miami. Kahne, 27, is charged with one count of battery against Archibald Hutchison, who was working as a security guard at the speedway for a race Nov. 16 when the incident allegedly occurred.
According to a Homestead police report, Kahne was attempting to access a restricted recreational vehicle parking lot on a golf cart after he finished driving his racecar when Hutchison stopped him and asked him for credentials. Kahne stated that he was a driver and didn’t need any, then got out of the golf cart and tried to walk through the gate, the report stated. When Hutchison blocked the entrance and asked Kahne for credentials again, Kahne pushed Hutchison to the ground, according to the report. The report said Kahne was stopped and detained by law enforcement officers who witnessed the incident. He was arrested later that day and released on the signed condition that he appears in court.
Hutchison, who was advised not to let any unauthorized people through gate 208 without exception, was treated at the speedway’s medical facility for minor bruises and abrasions, according to the report. Dohan said Hutchison hasn’t been able to return to work because of his injuries. Dohan said his client has suffered emotionally from the incident and is “getting killed” by NASCAR fans on Web site blogs. He also said he planned to have his client speak with the media about the lawsuit at a news conference planned for Tuesday.
Can’t return to work because of his injuries? He fell on his butt!!! Give
me a break…people will sue for anything…
Wuss.
Yeah, filing a lawsuit will keep all the comments on the NASCAR blogs that are “killing” this
weinie at bay. I would hate for someone to know that rosy-cheeked KK hurt me!
It is quite obvious that this guy thinks he has found a way to win a lot of money. “Let’s have a run in with a NASCAR driver so I can get crap loads of money!”
A few abrasions has never kept someone from work. Be serious. Lawyers are idiots.
WHAT AN A$$!! this is why our law system is so screwed.. i would hope he judge realises its a frivilous lawsuit!
I wanna get pushed too. It sounds better than a 401k…
Minor scratches & abrasions is keeping a security guard from doing his job for nearly a month?!?!
Emotional stress?
Where did they get this security guard, kindergarden?
That’s hilarious!!!
Well, he’s not much of a security guard then.
One would think a security guard would be a bit tougher, and could handle a shove.
Personally, I think they guy is “milking it”!
Who’s to say he didn’t have a favorite driver, and it wasn’t Kasey Kahne!
What a whiner!!!
As for the talk in the forums, what did he expect?
This is insane. The guy got pushed to the ground. He didn’t get beat with his own cane. Come on. What people will sue for these days. And the whole ‘getting killed’ by comments by NASCAR fans. Well HELLO?! Look what your doing, lets reflect. Your about to sue Kasey Kahne for so called ‘assulting’ you. The guy is 140 pounds soaking wet; he couldn’t have done that much harm. Besides what is a 62 year old guy watching a gate for? Thats not ‘safe security’ if you ask me.
[quote comment="31395"]Minor scratches & abrasions is keeping a security guard from doing his job for nearly a month?!?!
Emotional stress?
Where did they get this security guard, kindergarden?
That’s hilarious!!!
Well, he’s not much of a security guard then.
One would think a security guard would be a bit tougher, and could handle a shove.
Personally, I think they guy is “milking it”!
Who’s to say he didn’t have a favorite driver, and it wasn’t Kasey Kahne!
What a whiner!!!
As for the talk in the forums, what did he expect?[/quote]
well u have your ppl who love kasey so yeah if he wanted money outta him he shouldof seen this ones coming
Kasey isn’t a big guy, who would want to be the guy that got it from Kasey.
*cha ching* Can you say “payday”?
[quote comment="31399"]*cha ching* Can you say “payday”?[/quote]
can u also say retirement money and college funds for the grandkids?
OMG…What the heck, I don’t see Kasey hurting a fly, I think this security guy staged the whole thing and I bet someone out there has video or pics of the incident.
What kind of company would hire a security guard in the first place that can’t handle a push. If you ask me it just what happens from time to time when you have that job and if you can’t handle obviously you should find a new job, maybe he should apply at Walmart to become a greeter.
this is the crazyest thing i have ever heard all this guy wants is MONEY
Wow! If Kasey Kahne can push him down to where he is so injured that he can not return to work then he really needs to reconsider his career. If you have that guy guarding a gate then whats the use even having security. Someone sure wants some big money. And out of all the people to sue why Kasey?
If the truth were known, I’d say those ambulance chasing “lawyers” convinced the old
man to bring this law suit. Hell, they will get thousands of dollars, the old man may
get his BAND-AIDS paid for!!!
retarded!
In regards to the “getting killed in the blogs” comment, I just can’t help but quote Jay and Silent Bob’s movie….
“that’s what the internet is for, slandering others anonymously. There’s nothing you can do about it, short of showing up at each of their houses and kickin their azzes”
Or, as it is in this case, file a frivilous lawsuit and get copious amounts of money.
Also similar to the cop who hassled Kurt Busch for the alleged DUI a while back…
guard has his 15 minutes at the expense of others.
dumbest thing i have ever heard of.
if kasey kahne could “hurt” this guy, i would like to see what a full grown man could do
People don’t know how to defend themselves except like this: “oh, you pushed me, 5 million!!! WAWAWA” This country is screwed up, greedy, and people need to grow up and defend themselves, but what’s the power of one voice these days??? Nothing, unless you are a crybaby with lawyers.
What kind of security guard at a race track don’t know who the heck Kasey Kahne is?
Sounds fishy to me, Off work for months, give me a break. Where’s Kasey’s team of people on all this? Surely, he will get off for this, it is crazy!! Maybe the old man just needs to retire if he can’t handle working in a job where you may get pushed by someone like Kasey.
Like no one saw this comming when the report came out about the assualt? I hope this guy gets nothing. Like Kasey really assualted a 62 year old man??!! Whatever! Bogus lawsuit!
watch out Dick the Bruiser and Goldburg your next
Oh my goodness!!! Kasey “hurt” him??? And this is the guy they put in charge of the MAIN gate to the drivers haulers??? What the heck would have happened if a really agressive, redneck, bud guzzlin, Georgia Dale Jr fan had tried to get back there? Guess maybe he would have gotten to see Jr upclose and personal? What a monkeynut!!!!
Kahne is this guy’s winning lottery ticket. I think the guy is suing because he’s embarrassed, not injured. I heard Kahne snapped because the guard let those 3 ugly women that have been stalking him (commercials) get a little too close.
Lawyers that bring in these kind of cases should be dis barred
credentials? the fact that he was in the NEXTEL CUP RACE isnt enough? apparently not. idiot just wants to make some money. heck id brag if a nascar driver touched/hit me lol
What kind of security dept. hires a guy that falls off his chair when a 140 lb. driver pushes by him? And what job can this clown not get back to? Shopping cart anyone? lol. This is why insurance has gotten so high and the court system is so backed up. This brainac should not ever be allowed to work “lack of security” again and Kasey ought to countersue for defimation of character. Make the old guy wash his motorhome for about a year. A word to the security guards out there. A guy in a drivers uniform , soaking in sweat , carrying a helmet , on a team golf cart….probably belongs in the drivers coach area. Duh!
What a load of crap! Credentials? He’s Kasey Kahne, enough said. And what’s that security guard gonna say? “I got pushed on my butt so now I can’t work and NASCAR fans are picking on me. Give me money, Boo hoo hoo.” Please, give me a break. This whole thing’s so stupid it’s funny.
OMG!!!! This is soooooooooooooooooooooo STUPID!!!! I mean, like everyone else has said: THIS IS A MONEY MAKING DEAL FOR THE OLD MAN TO MAKE HIM SOME MONEY! AND YES, YOU KNOW HIS LAWYERS ARE BEHIND IT ALL!!!! 140 pd or so Kasey hurting somebody!!!! O PLEAAAAAAAAAAAAAAAAAAAASE!!!!!!!!! I hope the Judical system is smart enough to see that this is just a way for someone to make a quick buck!!!! S T U P I D is alll these is!!!!!!!!!
this is a bunch of bs!!! kahne couldn’t hurt a fly yet alone a 62 year old security guard, all this security guard is in for the money.
Homeland Seciritys finest?. Don’t you feel really safe at the races knowing whose protecting you now?
Homeland Securitys finest?. Don’t you feel really safe at the races knowing whose protecting you now?
Heck, for a million dollars I’d say Kasey Kahne pushed me and Michael Jackson molested me. And Dennis Rodman kicked me. And Barry Bonds gave me steroids. Really, when and where does this crap end? It isn’t right. Our courts are already overcrowded with these kind of lawsuits. Do we really need more of them? And a lot of these so called security guys are “cop wannabes”. They are the dorks that got beat up in the school yard and now try to get even with everyone because they have a badge. Authority. Take the test and become a real cop or stop crying about how tough your job is. Can we sue this guard for being annoying?
What a pathletic security guard! Whatis he a grade school crossing guard?
what a loser… you’ve got to be kidding me to even think that you should have a job anywhere on the track if you dont recognize khane… that retard deserved to be pushed. I got a dollar that says it’s a “racial crime”…
ok first of all Kasey is a squirt.
and who doesn’t know what he looks like.
Someon wants money. thats all it is…
a 60+ year old guard wont guard much BUT Kasey needs to remember4 who HE is……. a lawsuit target… smack kasey on the hand for being uncooperative and fire that guard for failling to stop someone without a pass to get in…………
Here’s my 2 cents…62 year old security guard who was pushed down by 5’8″ 140 pound stick figure Kasey Kahne. Now that’s funny. Not to say that Kasey doesn’t have a temper, but I can’t see him physically attacking a geriatric security guard for no reason. I would be more inclined to believe that the guy got physical with Kasey and he laid hands on him. Just because there were police witnesses, doesn’t mean that they saw everything that transpired from beginning to end. I think when this is over…it will either be an out of court settlement…to make the old dude go away…or a dropped charges thing. Give me a break…the old guys just trying to cash in on Kasey’s name…and officially retire. LOL
That guard is lucky them 3 woman werent around , they would have run over him in thier Dakota while trying to flirt with Kasey.
maybe they should hire a guard that is UNDER retirement age.
Even if this guy gets some money out of Kasey, doesn’t he realize that by putting it in the public eye again that he will never be let alone to enjoy his ill-gotten gains. Maybe he’ll get enough to hire a security guard to protect him and his home!
You guys have got it right. Who the heck works at a track and dont know the drivers. Thats bull crap. And in his driver suit…..come the heck on. The old dude just wants money. If you cant handle being pushed and jostled and hitting the ground the what the heck you doing manning the gate!!!!! Old man go get a job at walmart and sit in your chair and greet people. And the lawyers are about at stupid as the old man is. This country needs to stop this stupid oh you touched me or looked at me wronge so im gonna sue you!!!!!
Good for the old guy. Nothing says retirement like a good lawsuit against a wealthy race car driver.
I never liked KK that much so if the security guard can get paid for his injuries, so what ?
Pushing down a security guard is againest the law in FL. That means not only a lawsuit but jail time for the punk kid.
Old people do it in court.
Greedy people do it in court. Most people use common sense.
Kasey shoulda put a fist in this guy’s mouth, afterall if you’re gonna get sued for it..get your money’s worth.
This punk kid is makin way more money than your a__ heckler!! Ur just as money hungry as this old guy is, and everybody knows it!!
I’m sorry but when someone takes a security job getting pushed around is part of the job. Hello…..I bet if I pushed his clumsy a__ down he wouldn’t sue me………
that fact that the security guard didnt know that was kahne is completely stupid. somthin must be wrong with the security guard
according to kaseys brothers statement the guard put his hands on kasey. He is lucky he didnt put his hands on me since i have 100 pounds on kasey. BTW anyone puts their hands on me will atleast spend a week in the hospitol.
Told ya that guard got “handsy” with Kasey. He wouldn’t have lost his cool otherwise. See my response above…I’m tellin ya…this is all crap. It will eventually get tossed. Kasey may have to pay a minimal fine and do a PSA or something. Not to sound like a 12 year old…”but the old guy started it!!” LMAO!!
I’m sorry, but the most recent update with Kasey’s brother’s version sounds a LOT more believable then the security guard’s version.
And like everyone else is saying, what kind of a moron working at a race track would not recognize not only one of the drivers, but a very popular one at that. And yeah, I’m sure the drivers carry they wallets with them while they’re racing, I mean all the athletes do don’t they? Yeah, give me a break!
KK should sue this asshole for the bad publicity.
At first I was wondering about the law enforcement officers who apparently witnessed it and backed up the security guard, but it could be a case of “partially” witnessing it. If they didn’t see the whole thing they may have only seen then last part of it, which was KK pushing the guards hands off him and the guards falling, if they didn’t see the first part of what happened of course that is going to be what they thought happened.
I’m sorry, KK seems like a completely pussycat, I think as a woman I’m more capable of hurting someone then he is.
yep april you are so right, its all about the name, kahne who made alot of money in the 4 years he’s in racing and now someone wants to cash in on his profits. nothing got handed to kahne, he had to bust his butt to make that money he has worked for.
also the guard didn’t have any right to put his hands on kahne either, kahne could of yelled assault too but being the nice guy he is, he didn’t. now maybe he’ll do it or for slander or something like that he will, i would. this lawsuit is a bunch of bullcrap!!!
[quote comment="31511"]also the guard didn’t have any right to put his hands on kahne either, kahne could of yelled assault too but being the nice guy he is, he didn’t. now maybe he’ll do it or for slander or something like that he will, i would. this lawsuit is a bunch of bullcrap!!![/quote]
He had every right to stop Kahne as that was his orders “not to let any one in without proper credentials” that means anybody. Kasey should have understood that because it was to protect the drivers from fans trying to get to drivers motorhomes. Granted the old guy could have handled it better but he did have a right to stop anyone with ID. Kasey should have been a little bit more patient instead of bulling his way in. He is lucky the security guard didn’t club him or one of the other guards.
I hope the guy gets a bundle and Kahne spends a week in jail for his antics.
Nascars security gave me a hard time leaving Daytona a few years ago…Where do they get those jerks anyways???
Nowadays, once you make a little money, every bitter fata$$ loser in the world wants to come up with a way to take it from you, and the courts help them do it. And they know that.
Stupid, yes, but the gaurd is only suing for around $15,000. No one is retiring or putting kids through school with that! Mountain out of a mole hill. The only people making money on this are “news” people. I can’t wait for Daytona so we can talk about something that matters.
the security guard didn’t have any right to touch kahne either.
Security guards don’t have the right to lay hands on you. If they can get you to stick around long enough for them to call someone with a badge, then you’re screwed. If you’ve actually done something wrong, and they can prove it was you, well then of course it’s all over but the cryin’. I’m tellin you this is such crappola. It’s so silly. Some old guy looking for some cash. Guess he should have held on to his walker better…maybe he wouldn’t have taken a tumble so easily. LMAO
The suit said $15,000 for medical plus punitive damages. That is not anywhere near just a $15,000 law suit.
15K for damages sounds about right for what was said. Punitive damages is Blue Sky $$$$ and could be anything from a $1.00 to 1M +.
Let the old guy have his 15 minuets of fame and a few bucks. After all he was just doing his job as he was told to do and got mugged by this kid that runs away from girls.
Money sucking lawers are going to be the ruins of our country…. They push people like the security guard to press forward with suits….
Nascar should give these gaurds some people skills#1
This is such a joke…this guy should be thrown in jail for extortion! Do you EVER see ANY driver walking around in his fire suit with an ID badge around his neck??? No, never ever ever do you see this but this yahoo thinks, “I’ll give this guy a hard time so I can sue him”. You fell on you a$$ pal, nothing more and YOU provoked it. Had this just been some random person or if Kasey had been in street cloths, it MIGHT be a different story but Kasey was in his fire suit and that’s all the ID he needs. I so hope this guy loses in court and Kasey can counter sue him.
The only problem with that argument super 8, is that the whole thing started over Kasey’s brother who was not in a suit. No credentials, no entry. In that respect, the gaurd did his job. Still a weenie for his lawsuit. And just for the record, point taken texasracefan.
i dont know if anybody has read the police report, but if you read the witness statement from linda mixon (http://www.local10.com/download/2007/1217/14873467.pdf) , apparently before the confrontation occured between kasey and hutchinson, hutchinson wasn’t doing his job and allowed anybody to enter into the drivers area with or without a pass until an employee over him yelled at him for sitting on his lazy butt and not doing his job, it was after this hutchinson guy got yelled at that he began doing his actual job and thats when kasey approached him…
and by the way shady, if you read kale’s witness statement, he states that he indeed had his credentials in his wallet, and showed the guard, but kasey continued to tell the guard that he didnt need one because he was a driver…so no the incident did not start because of kale
Holy crap his initials are KKK
Corrected again. I was going off of the initail report.
By the way, what’s up with the names being screwed up? I know I didn’t correct myself because I always think I’m right! haha
[quote comment="31507"]I’m sorry, but the most recent update with Kasey’s brother’s version sounds a LOT more believable then the security guard’s version.
And like everyone else is saying, what kind of a moron working at a race track would not recognize not only one of the drivers, but a very popular one at that. And yeah, I’m sure the drivers carry they wallets with them while they’re racing, I mean all the athletes do don’t they? Yeah, give me a break!
KK should sue this asshole for the bad publicity.
At first I was wondering about the law enforcement officers who apparently witnessed it and backed up the security guard, but it could be a case of “partially” witnessing it. If they didn’t see the whole thing they may have only seen then last part of it, which was KK pushing the guards hands off him and the guards falling, if they didn’t see the first part of what happened of course that is going to be what they thought happened.
I’m sorry, KK seems like a completely pussycat, I think as a woman I’m more capable of hurting someone then he is.[/quote]
I agree. It doesn’t say if the guards witnessed the whole thing, or if they were off to the side, or if they came in after it happened. Point it, Kale was there the entire time…so I believe his statement. No, not because he’s Kasey’s brother, but because he was there the entire time. None of the law enforcement officers said they were standing with Hutchinson (at least I don’t think so…correct me if I’m wrong). And also, why didn’t those officers step in before the “shoving” happened? I mean, every statement said there were “words” exchanged before the shoving, so why didn’t they step in before it happened? I don’t know. I’m not saying Kasey’s right, but this whole thing has turned into complete BS. There are alot of inconsistancies between Hutchinson’s statement in the police report and his press conference after the lawsuit is filed. Most namely, they asked him “If Kahne was just an ordinary Joe Shmoe, would you still sue?”, and he HESITATED BIG TIME. That’s your answer right there. Those of you that haven’t seen the press conference, it’s at this site (on the right hand side of the page): http://www.local10.com/sports/14871873/detail.html
I’m sure he appreciates his address, phone number, and social being posted on the internet!
I cannot believe they made Kasey’s personnel info public, especially his social security number… what a mess.
His address has been know for awhile, and that phone number is a cell phone from Cingular out of the state of Georgia, and some girl named Debby owns it (well the voice mail said it was Debby or something like that). However I think the news organization should’ve blacked out his SS. And for people that are wondering All police reports are available to the public so its not like they did anything wrong by showing it.
I would like to say that I am highly disappointed in this website for publishing the link to this affidavit. I understand that it is a public record and that it has been published online by someone already, but I don’t think you guys should have condoned this action by also publishing it. Whoever originally published this should be arrested themselves. I mean, his full SS number??!! That is insane! I would be furious if I were Kasey Kahne. I hope that he finds out who did this in the first place and sues them! I just can’t believe it, this is truly sad. His SS number should have definitely been blacked out, no question about it. I hope that the person responsible goes down, and I mean goes down hard for this.