Weekly Stewards and Commissions Rulings: Aug. 1-7

Kent Desormeaux | Benoit

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

California

Track: Del Mar
Date: 08/03/2023
Licensee: Kent Desormeaux, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Kent Desormeaux, who rode St Ignacio in the eleventh race at Del Mar Race Track on July 30, 2023, is suspended for 3 racing days (August 10, 11 and 12, 2023) for altering course without sufficient clearance in the stretch, causing interference resulting in the disqualification of his mount from fourth to ninth; a violation of California Horse Racing Board rule #1699 (Riding Rules – careless riding).

Florida

The following was taken from the ARCI's “recent rulings” webpage.

Track: Gulfstream Park
Date: 06/09/2023
Licensee: Jose M. Jimenez, trainer
Penalty: Written warning
Violation: STIPULATION AND CONSENT ORDER # 2023-018928 – F.S. 550.2415 VIOLATION = PHENYLBUTAZONE. WRITTEN WARNING IMPOSED AND ISSUED. “JUST KATHERINE”

Track: Gulfstream Park
Date: 06/09/2023
Licensee: Javier Morzan, trainer
Penalty: Written warning
Violation: Medication violation
Explainer: STIPULATION AND CONSENT ORDER # 2023-017764 – F.S. 550.2415 VIOLATION = PHENYLBUTAZONE. WRITTEN WARNING IMPOSED AND ISSUED. “RHYMES LIKE DIMES”

Track: Gulfstream Park
Date: 06/29/2023
Licensee: Eduardo Azpurua, trainer
Penalty: Restoration of licensure good standing
Violation: Former failure to meet financial obligations
Explainer: Withdrawal of Complaint by Northwest Distributors LLC v Eduardo A. Azpurua, Jr. received via email from Attorney. Respondent has made satisfactory arrangements for payment of his obligation. His license is currently in good standing with the Florida Gaming Control Commission.

Kentucky

Track: Ellis Park
Date: 08/01/2023
Licensee: Eric Foster, trainer and owner
Penalty: $500 fine
Violation: Medication violation
Explainer: Upon receipt of notification from the University of Kentucky Equine Analytical Chemistry Laboratory, the official testing laboratory for the Kentucky Horse Racing Commission, sample number R013023 taken from Stonevicious, who finished third in the seventh race at Churchill Downs on May 19, 2023, contained flunixin at a level of 187 ng/ml in blood (Class C drug). After waiving his right to a formal hearing before the Board of Stewards, Eric Foster is hereby fined $500. Stonevicious is disqualified and all purse money forfeited.

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

Colonial Downs
Juan Jose Esquilin – violation date Aug 3; $500 fine, excessive use of the whip
Jose Luis Alonso – violation date Aug 3; $250 fine and one-day suspension, excessive use of the whip
Adam Beschizza – violation date Aug 3; $250 fine and one-day suspension, excessive use of the whip
Jorge Gustavo Ruiz – violation date Aug 3; $250 fine, excessive use of the whip

Del Mar
Hector Berrios – violation date Aug 3; $1,460 fine and one-day suspension, 7 strikes

Emerald Downs
Rocco Roger Ricardo Bowen – violation date Aug 4; $250 fine and one-day suspension, 7 strikes
Jose Cruz Damian – violation date Aug 4; $250 fine and one-day suspension, 9 strikes

Presque Isle Downs
Gaddiel Alberto Martínez colon – violation date Aug 2; $250 fine, “no record” of other details of the ruling

Ruidoso Downs
Felipe Sanchez Valdez – violation date Aug 4; $250 fine, “no record” of other details of the ruling

Thistledown
Jeffrey Sanchez – violation date Aug 1; $250 fine, “no record” of other details of the ruling

Pending ADMC Violations

Date: 07/24/2023
Licensee: Dick Clark, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the possible presence or possession of Levothyroxine, a banned substance. This is a possible violation of Rule 3214 (a)—Presence of a Banned Substance or a Banned Method.

Date: 07/22/2023
Licensee: Dick Clark, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine—a banned substance—in a sample taken from Colonel Klink, who finished second at Prairie Meadows on 7/22/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/18/2023
Licensee: Bruno Tessore, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Altrenogest—a banned substance—in a sample taken from Tenebris. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/07/2023
Licensee: Chad Brown, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Omeprazole—Controlled Medication (Class C)—in a sample taken from Forced Ranking. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/06/2023
Licensee: Jeff Fletcher, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Tier One. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/04/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from Kant Beat the Rock, who finished second at Los Alamitos on 7/4/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/03/2023
Licensee: Dick Clark, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methamphetamine—a banned substance—in a sample taken from Colonel Klink, who won at Prairie Meadows on 7/3/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 07/03/2023
Licensee: William Martin, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the potential breach of Rule 4221—Alkalinization or Use of an Alkalinizing Agent (TCO2)—on Wild Irish, who won at Presque Isle Downs on 7/3/2023. This is also a possible violation of Rule 3313—Use of a Controlled Method During the Race Period.

Date: 06/30/2023
Licensee: Samuel Calvario, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Triamcinolone—Controlled Medication (Class C)—in a sample taken from Griffith Park. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 06/28/2023
Licensee: Mario Serey Jr., trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Harper's Do, who finished seventh at Delaware Park on 6/28/2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 06/28/2023
Licensee: Tina Chamberlin, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Rosebud Ryde. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 06/11/2023
Licensee: Jose Camejo, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—and Promazine Sulfoxide—Controlled Medication (Class B)—in a sample taken from Fire King. This is a possible violation of Rule 3312—Presence of Controlled Medication Substances.

Resolved ADMC Violations

Date: 07/01/2023
Licensee: Nestor Cascallares, trainer
Penalty: Disqualification of 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.
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Irazu, who won at Tampa Bay on 7/1/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/13/2023
Licensee: Arcadio Lopez, trainer
Penalty: Disqualification of 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.
Alleged Violation: Medication violation
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Mo Crazy Blues who won at Finger Lakes on 6/13/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 05/24/2023
Licensee: Wayne Sparling, trainer
Penalty: Disqualification of 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.
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)— in a sample taken from Banco Medici, who won at Finger Lakes on 5/24/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

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