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When Spencer arrived at his hauler, he exited his car and engaged in a verbal exchange with Busch. Witnesses said Spencer leaned his elbows on the windowsill of Busch's car, with his head in the window exchanging words.
Spencer contends after Busch swore at him, he struck him with an open palm, which bloodied Busch's nose and, according to Busch, caused other facial injuries.
Busch immediately filed a complaint with the Lenawee County Sheriff's Department charging Spencer with assault. That investigation continued on Wednesday, according to a spokesman with the Sheriff's Department.
 | ALSO | | Instead of driving in all three races at Bristol this week, Jimmy Spencer won't be in any of them. His appeal of a one-week suspension following Sunday's post-race altercation with Kurt Busch was denied Wednesday. |
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"When the investigation is completed, it will be forwarded to the Lenawee County Prosecutor's Office for review," a Sheriff's Department report said. "The Prosecutor's Office will then decide if charges will be brought against Spencer."
Busch's decision not to appeal was announced even as the National Stock Car Racing Commission met on the grounds of Bristol Motor Speedway and decided to uphold NASCAR's penalties to Spencer, which included suspension from NASCAR-sanctioned events through Aug. 26, a $25,000 fine and probation through Dec. 31.
"My decision is being made even though no one to our knowledge has ever been penalized for being struck while seated in a race car," Busch said. "I am accepting this penalty regardless of whether or not it is fair or appropriate.
"My motivation in accepting it is simply to demonstrate to NASCAR and to the fans my continuing commitment to race hard, my continuing commitment to race clean and my continuing commitment to obey all the rules.
"This penalty has not and will not affect that commitment. And, my commitment will not be affected by the outcome of Jimmy Spencer's appeal."
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