Kahne pleads not guilty in alleged shoving incident

A not guilty plea has been entered for Kasey Kahne, the Gillett Evernham Motorsports driver facing a misdemeanor assault charge for shoving an elderly security guard to the ground last season at Homestead-Miami Speedway, according to court documents.

Kahne was originally set to appear for an initial hearing Tuesday in Miami Circuit Court, however, counsel submitted, in writing, a plea of not guilty on behalf of the driver waiving his mandated appearance.

A maximum sentence for misdemeanor battery is one year in jail and up to $1,000 in fines. A trial date is expected to be set for the case Tuesday.

Meanwhile, Kahne is preparing not only for NASCAR's Sprint Cup season opener in Daytona, but the Chilli Bowl Midget Nationals event in Tulsa, Okla., as well.

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Kahne is also the subject of a civil lawsuit for the same incident which took place Nov. 16 at the Homestead-Miami Speedway where Archibald Hutchinson, a track security guard, claims Kahne shoved him to the ground after Kahne could not provide proper identification when attempting to gain access to the lot where his motor home was parked.

The 62-year-old Hutchinson, who said he suffered major back injuries, is seeking in excess of $15,000 for medical bills, punitive damages and lost wages, according to the civil suit filed by Hutchinson's attorney, Russell Dohan.

Dohan said his client has a tear in his lumbar spine and is seeking treatment from an orthopedic surgeon.

On Monday, co-counsel for Dohan said Kahne's criminal proceeding, right now, has no bearing on the lawsuit, which is still in the discovery phase.

Sources close to Kahne say the actions are completely out of character for the driver, that on- and off-track confrontations rarely escalate farther than name calling.

According to Homestead police, the altercation with Hutchinson ensued over credentials.

Kahne, in his driver's uniform riding on a golf cart en route to his motor home, failed to produce proper identification to enter the restricted lot. Without proper credentials or identification, Kahne tried to proceed to his motor home 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. Kahne reportedly 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 motor home 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 racecar. He was still in his driver's suit," Kale Kahne said in his police statement.

"They said they don't care who you are you can't come in. Kasey said, 'I'm going to walk to my motor home,' [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 disagrees and said Kahne essentially bullied his way through the guard and took advantage of his celebrity status.