Weekly Stewards and Commissions Rulings: Sept. 26–Oct. 2.

Sarah Andrew

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Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

The TDN also posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

 

California

Track: Santa Anita

Date: 09/29/2023

Licensee: Jose Valdivia jr., jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Having received notice from the California Horse Racing Board that the appeal of DMTD Ruling #07 (July 22, 2023) has been withdrawn, the original ruling is reinstated.  Jockey Jose Valdivia jr. is suspended for 3 racing days (October 14,15 and 20, 2023). Pursuant to California Horse Racing Board Rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

 

Track: Santa Anita

Date: 09/30/2023

Licensee: Dino Baccari, owner

Penalty: Restoration of good standing

Violation: N/A

Explainer: Owner Dino Baccari, having complied with the provisions of California Horse Racing Board rule #1876 (Financial Responsibility – $633.79 to Kingfisher Farms) is restored to good standing. Ruling LAQL #109 issued at Los Alamitos Quarter Horse Association on September 9, 2023, is set aside.

New York

Track: Aqueduct

Date: 09/26/2023

Licensee: Jose Lezcano, jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Jockey Jose Lezcano is hereby suspended 3 NYRA racing days having appealed a stay has been granted. For careless riding during the running of the 5th race on September 21, 2023. Nyxed ridden by Jockey Jose Lezcano was disqualified from 4th and placed 11th.

 

Track: Aqueduct

Date: 09/28/2023

Licensee: Linda Rice, trainer

Penalty: Fourteen-day suspension, $2,000 fine

Violation: Medication violation

 

Exlainer: Linda Rice as responsible trainer under 9 NYCRR 4043.4 (a), violated commission rules in that Linda Rice trained horse “Afleet Arlene” that finished 1st in the 4th race at Aqueduct Racetrack on January 21st 2023, and having received a report from the New York Drug Testing and Research Program that a race-day sample taken from the horse “Afleet Arlene” had the substance Phenylbutazone present at a concentration, including an assessment of the measurement and imprecision of the quantitative threshold, in excess of the quantitative threshold, in excess of 0.3 mcg/ml in plasma in violation of 9 NYCRR 4043.4 (a) 26. Trainer Linda Rice is hereby suspended fourteen (14) days and fined the sum of two thousand ($2,000) dollars having appealed a stay has been granted. Furthermore, the Stewards order horse “Afleet Arlene” disqualified from any part of the purse and the purse redistributed as follows:

 

  1. (#2) Darn That Song
  2. (#4) Handle the Truth
  3. (#5) America's Pride
  4. (#6) Sheza Rajun Cajun
  5. (#3) Predetermined
  6. (#8) Midmon

 

Rice has appealed the ruling. More on the story here.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule

Santa Anita

Cesar Ortega – violation date Sept 24; $250 fine and one-day suspension, 8 strikes

Pending ADMC Violations

Date: 09/08/2023

Licensee: Clarence King, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the presence of Dimethylsulfoxide—Controlled Medications (Class C)—in a sample taken from Indirectly. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 09/07/2023

Licensee: Ismael Bahena, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the presence of Diclofenac—Controlled Medications (Class C)—in a sample taken from Yammy Yammy Bella, who finished second at Kentucky Downs on 9/7/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 09/06/2023

Licensee: Carl James Deville, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the presence of Tapentadol and Butalbital—banned substances—in a sample taken from Eurobeliever, who was pulled up and vanned off at Presque Isle Downs on 9/6/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 08/28/2023

Licensee: David Wayne Baker, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Gerlach's. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 08/28/2023

Licensee: Shane Meyers, trainer

Penalty: Provisionally suspended

Alleged Violation: Medication violation

Explainer: For the presence of Altrenogest—a banned substance—in a sample taken from Mugsy Malone. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

 

Date: 08/27/2023

Licensee: Mark Hibdon, trainer

Penalty: Pending

Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from D'wild Muffin, who won at Arapahoe on 8/27/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

 

Date: 08/25/2023

Licensee: Sammy Stevens, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Pandora Who. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 08/17/2023

Licensee: John Guciardo, trainer

Penalty: Pending

Explainer: For the presence of Dexamethasone and Trichloromethiazide—Controlled Medications (Class C)—in a sample taken from Cuz, who won at Presque Isle Downs on 8/17/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

 

Date: 08/15/2023

Licensee: Jeffrey Crozier, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Orb of the Boro, who won at Belterra Park on 8/15/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 08/04/2023

Licensee: Philip Aristone, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the presence of Lamotrigine—Controlled Medications (Class B)—in a sample taken from Field Letters, who won at Penn National on 8/4/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolved ADMC Violations

Date: 08/29/2023

Licensee: Scott Young, trainer

Penalty: A fine of $500; imposition of 1.5 Penalty Points

Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Our Davina. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 08/29/2023

Licensee: Conor Timothy Murphy, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points

Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dixie Supreme. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

 

Date: 08/26/2023

Licensee: Jeff Mullins, trainer

Penalty: A fine of $3,000; imposition of 3 Penalty Points

Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dandy Man Shines. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

 

Date: 08/23/2023

Licensee: Juan Alvarado, trainer

Penalty: 7-day period of Ineligibility, beginning on October 4, 2023; a fine of $1,000; imposition of 2 Penalty Points

Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Evelyn. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 08/23/2023

Licensee: Dan Blacker, trainer

Penalty: 7-day period of Ineligibility, beginning on October 3, 2023; a fine of $1,000; imposition of 2 Penalty Points

Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Miss O'Brien. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

 

Date: 08/15/2023

Licensee: Robert Kinmon, trainer

Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points

Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Vamonos, who finished sixth at Belterra Park on 8/15/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substances.

 

Date: 05/28/2023

Licensee: Ray Handal, trainer

Penalty: Withdrawal of EAD Notice

Explainer: For the presence of Zeranol—a banned substance—in a sample taken from Barrage, who finished second at Belmont Park on 5/28/23. This was a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers. Pursuant to ADMC Program Rule 3247(e), HIWU has lifted the Provisional Suspension based upon information submitted by the Covered Person and the review of relevant scientific information. The Equine Anti-Doping Notice has not been withdrawn.

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