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March 2017 Thoroughbred Rulings - Maryland Racing Commission

March 4, 2017 - Laurel Park
#17-031 Trainer, Cathal Lynch is fined twenty five dollars( $25.00) for not having the colors for, “Saida”, entered to run in the third race at Laurel Park on March 3, 2017, after receiving a warning on (02/25/2017) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

March 5, 2017 - Laurel Park
#17-032 The below listed licensees have been fined for failure to have the 2016-17 license badges they had been issued by the Maryland Racing Commission. [COMAR 09.10.04.11, 'C.]

  • GUTIERREZ, Christina $5.00
  • BRADY, Kirk $5.00
  • PIZARRO-MILLIAN, Luis $5.00
  • WITTE, Jerry $5.00
  • HERRERA, Vivian $5.00

(Note: The fines have been paid)

March 9, 2017 - Laurel Park
#17-033 Trainer, Cathal Lynch, fined two hundred and fifty dollars ($250.00) for failure to report the proper gender of his entry “Summer Run” that ran on March 5, 2017.

March 17, 2017 - Laurel Park
#17-034 Trainer, Mary A. Pattershall is fined twenty five dollars ( $25.00) for not having the colors for, “L X Sunrise”, entered to run in the fifth race at Laurel Park on March 11, 2017, after receiving a warning on (01/22/2017 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

March 18, 2017 - Laurel Park
#16-035 Trainer, Cathal Lynch, is fined two hundred dollars ($200.00) for failure to have the foal certificate on file with the Horse Identifier for his entry “Impressive Way”, entered to run in the first race at Laurel Park on March 17, 2017.
COMAR:09.10.01.20,A[1]

March 20, 2017 - Laurel Park
#17-036 In the matter of the claimed horse “Gaelic Man”:
On February 19, 2017, a claim was made from the sixth race at Laurel Park. The horse “Gaelic Man” owned by R. Russell Gourley and trained by Howard E. Wolfendale was claimed by owner/ trainer Michael Jones, Jr., who won a public drawing for the horse over trainers Derrick Goetz and Jessie Cruz for their respective owners. Later that day, the Stewards were made aware of possible improper conduct concerning the claim of “Gaelic Man”. An investigation was conducted by Joe Poag, the Chief Investigator for the Maryland Racing Commission.

On March 2, 2017 a hearing was conducted in the Stewards’ Office at Laurel Park. Michael Jones, Jr. appeared in person. Mr. Jones waived his right to Counsel.

Based upon the statements, evidence and testimony presented at the hearing, the Stewards
determined the following:

  1. On February 19, 2017, Michael Jones, Jr., who was not present at Laurel Park, engaged stable employee, Jeffery D. Allen to fill out and deposit a claim form for the horse “Gaelic Man”. Mr. Allen was not registered with the Maryland Racing Commission to make a claim on Mr. Jones behalf.
  2. Both licensees admitted guilt and violation of COMAR Claiming Rules.

Based upon the above, the Stewards hereby find Michael Jones, Jr. in violation of the following regulation: [COMAR 09.10.01.07 A (3) Claiming] which states, in pertinent part: Except as provided in Sec. A-1 of this regulation, in claiming races a horse is subject to claim for its entered price by: (3) A registered agent in behalf of a person listed in Sec. A(1) or (2) of this regulation.and, [COMAR 09.10.03.03 Prohibited Acts] which states, in pertinent part: (3) Participating in any improper, corrupt, or fraudulent act or practice in relation to racing.”

Accordingly, the Stewards hereby order that:

  1. The claim of “Gaelic Man” out of the sixth race at Laurel Park on February 19, 2017 be voided.
  2. That after meeting with the other two original trainers that had put a claim in for the horse for their respective owners, Mr. Goetz and Mr. Cruz had the option of drawing for the horse. Mr. Goetz’s owner wanted to claim the horse. Mr. Cruz’s’ owner declined.
  3. That as of March 17, 2017 “Gaelic Man” became the property of Mr. Goetz’s owner, Rolling Hills Racing Stable, LLC.
  4. Trainers Michael Jones, Jr. be fined one thousand dollars ($1,000.00). However due to the length of the investigation, Mr. Jones is subject to pay two hundred and fifty dollars ($250.00) with seven hundred and fifty dollars ($750.00) stayed for the care and upkeep of “Gaelic Man”.

(Note: As per COMAR 09.10.04.05, failure to pay the fine within 48 hours from this notification may result in a suspension of license.)

BY ORDER OF THE STEWARDS

March 24, 2017 - Laurel Park
#17-037 On February 6, 2017, the Stewards received notice from the Truesdail Laboratories, Inc. that urine sample #20793, dated January 21, 2017, contained the drug diphenhydramine which is not on the approved list of Controlled Therapeutic Substances for the Maryland Racing Commission. The Stewards established that urine sample #20793 was taken from the horse “Spirit of Freedom”, owned by Raymond L. Davis and trained by Anthony Farrior, following the running of the ninth race at Laurel Park on January 21, 2017. The Stewards notified Mr. Farrior that: (1) the presence of diphenhydramine in the system of “Spirit of Freedom” at the time the horse ran constituted a violation under COMAR 09.10.03.04 Drug Prohibition - Horses; (2) He had the right to have the split sample tested by an independent laboratory prior to the Stewards conducting a hearing in this matter; and (3) He had the right to be represented by counsel at the hearing.

Mr. Farrior exercised his right to the split sample testing. (COMAR 09.10.03.09 H 1, 2, & 3)

Upon receiving conformation from Texas A&M Veterinary Medical Diagnostoc Laboratory that diphenhydramine was present in sample #20793 dated January 21, 2017, at a quantity level of 1.7+-0.2 ng/ml, the Stewards held a hearing regarding this result on March 19, 2017. Mr. Farrior waived his right to legal counsel.

Based upon the evidence before them, the Stewards find the following:

  1. “Spirit of Freedom” did carry diphenhydramine in its system when it finished second in the ninth race at Laurel Park on January 21, 2017, a violation under COMAR 09.10.03.04, Section C;
  2. Anthony Farrior, as trainer, was the absolute insurer of, and responsible for, the condition of “Spirit of Freedom” at the time the horse ran (Sections D & F);
  3. A horse found to have carried a drug in its body during a race may be disqualified and the purse monies earned by that horse redistributed and
  4. An individual found to have violated these Regulations may be subject to a fine issued by the Stewards of up to $2,500 and a suspension of any license issued by the Maryland Racing Commission of up to 360 days. COMAR 09.10.03.02, Section A.

Based upon the evidence presented at the hearing, the Stewards hereby order that:

  1. Trainer Anthony Farrior, be fined in the amount of Five Hundred dollars ($500.).
  2. Trainer Farrior be suspended fifteen (15) days.
  3. Trainer Anthony Farrior will be assigned four (4) Multiple Medication Violation Points.
    [COMAR 09.10.03.02 C]
  4. The horse “Spirit of Freedom”, be disqualified from the ninth race on January 21, 2017 at Laurel Park.
  5. The Horsemen’s Bookkeeper redistribute all purse monies for that race in accordance with the following order:

    OFFICIAL ORDER OF FINISH

    1st Saturday Sunshine
    2nd Surfspun
    3rd Outfielder
    4th Benny and Alex
    5th Zipping By
    6th Melting Pot
    7th Super Chunky
    8th Shouk
    9th Mr. Tiger

    Spirit of Freedom- unplaced

March 26, 2017 - Laurel Park
#17-038 Trainer, Russell Wolfe is fined twenty-five dollars ($25.00) for not having the colors for, “Rapunzels Cat”, entered to run in the ninth race at Laurel Park on March 25, 2017, after receiving a warning on (03/10/2017 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

March 30, 2017 - Laurel Park
#17-039 Trainer, Gregory Sacco is fined twenty-five dollars ($25.00) for not having the colors for, “Honorable Service”, entered to run in the first race at Laurel Park on March 26, 2017, after receiving a warning on (02/03 /2017 ) for the same offense.
THIS IS A VIOLATION OF: [COMAR 09.10.01.09]

March 30, 2017 - Laurel Park
#17-040 In the matter of trainer Alphonso Griffin, Sr.:
On March 30, 2017, trainer Alphonso Griffin, Sr. appeared before the Stewards to answer charges that he had committed a violation of COMAR 09.10.04.19 Workers’ Compensation. Trainer Griffin appeared in the absence of counsel and waived his right thereto.

At the hearing, the Stewards determined that:

  1. On March 25, 2017, trainer Griffin employed a stable employee to run his entry, “Anthem Singer”, in the second race at Laurel Park,
  2. Trainer Griffin does not carry Workers’ Compensation insurance, and
  3. Maryland Racing Commission regulations, under Section A of COMAR 09.10.04.19, require that a licensee who employs one or more individuals in “a racing-related activity” carry Workers’ Compensation insurance.

Based upon the above, and in accordance with the penalties they have issued in the past for similar violations, the Stewards hereby order Alphonso Griffin, Sr. to pay a fine in the amount of two hundred and fifty dollars ($250.00).

March 31, 2017 - Laurel Park
#17-041 In the eighth race, at Laurel Park on March 26, 2017, horse #9 “Heaven’s Door”, ridden by jockey, Julien Pimentel was disqualified from seventh position and placed eighth, for coming in and crowding #7 “Hailey’s Flip” causing that horse to stumble and unseat her rider.
[Violation under COMAR 09.10.01.50, A (1) c, d & e , which states in pertinent parts: “A horse may not: (b) Cross in front of another horse without sufficient clearance, (d) Intimidate another horse, or (e) Impede another horse.]

March 31, 2017 - Laurel Park
#17-042 Jockey, Julien Pimentel, is suspended three (3) Maryland racing days, April 1, 2 and 7, 2017 for riding the horse “Heaven’s Door” in a careless manner in the eighth race at Laurel Park on March 26, 2017.

About a 1/16 th of a mile out of the gate, horse #9 “Heaven’s Door”, ridden by jockey, Julien Pimentel was disqualified from seventh position and placed eighth, for coming in and crowding #7 “Hailey’s Flip” causing that horse to stumble and unseat her rider.
[Violation under COMAR 09.10.01.50, A (1) b, d & e , which states in pertinent parts: “A horse may not: (b) Cross in front of another horse without sufficient clearance, (d) Intimidate another horse, or (e) Impede another horse.]