Hearing slated for Kahne after Homestead incident

NASCAR's typically meek and mild mannered star Kasey Kahne is facing civil and criminal charges in a Miami court on Jan. 8 for an altercation involving a track security guard who says the driver shoved him to the ground causing the 62-year-old major back injuries.

The maximum sentence for misdemeanor battery is one year in jail and a $1,000 fine.

Archibald Hutchinson is seeking in excess of $15,000 for medical bills, punitive damages and lost wages, according to a civil suit filed on Tuesday.

Hutchinson's attorney, Russell Dohan, said his client has not been back to work since the incident took place on Nov. 16 at the Homestead-Miami Speedway.

"He has a tear in his lumbar spine and is now seeking treatment from an orthopedic surgeon," Dohan said from his office in Miami.

Sources close to Kahne's camp say the actions are completely out of character for the driver whose on and off track confrontations rarely escalate farther than name calling.

Rick Russell, president of Kahne's team at Gillett Evernham Motorsports, said the organization is standing behind its driver and issued a statement after the civil suit was filed.

"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."

According to police, the altercation ensued over credentials. Kahne, in his driver's uniform riding on a golf cart en route to his motorhome, failed to produce proper identification to enter the restricted lot.

On the day of the incident, Dohan said his client was allowing various NASCAR drivers through the gate leading to the driver motorhome lot without showing their credentials or proper identification.

But then, Hutchinson's boss came down on the elderly guard and threatened to fire him if he did not perform his duties accurately, Dohan added.

Shortly thereafter, Kahne, without proper credentials or identification, tried to proceed to his motorhome on his golf cart when he was stopped by Hutchinson.

Kahne was blocked by the guard so the driver, still in his racing suit, tried to go around the guard on foot. When Kahne was asked for his credentials, he became agitated and told Hutchinson that he was a driver and didn't need a credential.

The guard blocked him again, and Kahne pushed Hutchinson to the ground, according to a report from the Homestead Police Department.

Kahne was then taken into custody, but released on the condition he would later appear for his criminal hearing.

Four witnesses, all law enforcement officers, gave statements that supported Hutchinson and accused Kahne of shoving the guard.

Kahne's brother, Kale Kahne, was present during the incident and gave a different account of what took place when interviewed by police.

"Kasey and I left the Busch garage heading to the motorhome lot. We got stopped at the gate and the guards said that we need our credentials so I started to get mine out and Kasey didn't have one because he just got out of the race car. He was still in his drivers' suit," Kale Kahne said.

"They said they don't care who you are you can't come in. Kasey said I'm going to walk to my motorhome [and] one guard [Hutchinson] got in front of him and grabbed him and said that you're not going anywhere and Kasey pushed his hands off of him and the guard lost his balance and fell to the ground."

Dohan disagreed and said Kahne essentially bullied his way through the guard.

"He shoved [Hutchinson] twice; he fell the second time, and landed right on his back. Four uniformed police officers saw the whole thing and immediately grabbed [Kahne]," Dohan added.

When asked if his client's lawsuit was frivolous, Dohan said no and that he and Hutchinson even waited to see how severe the injuries were before filing the lawsuit.

"Everyone is saying that, but people really don't know the facts. He was taken to the infield medical facility and then transported to the Homestead hospital. ... This incident has left Mr. Hutchinson injured not only physically, but emotionally as well. He is under medical care for his injuries and cannot return to work," Dohan said.

Dohan added that Kahne believed his "celebrity status makes him immune to the rules the rest of us have to adhere to ... he didn't show any remorse afterwards and didn't apologize."