2015 Wyoming Pari-Mutuel Commission Rulings

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1 2015 Wyoming Pari-Mutuel Commission Rulings Ruling No. # In the Disciplinary Matter of Robert A. Hazel WPMC # Trainer On June 28, 2015, trainer Robert A Hazel did enter and race the horse Pulpermine in the 6 th race at Wyoming Downs. In this race Pulpermine ran last (8 th ). Subsequently it was discovered that Pulpermine was claimed on June 12, 2015 at Le Bois Park in Boise Idaho. Per Idaho rule # governing claiming races, Pulpermine was not eligible to race at any other location until the close of the Le Bois Park race meet, without permission of the stewards. The Board of Stewards at Le Bois Park did not give permission for this horse to leave the grounds and race elsewhere. Therefore, pursuant to Wyoming Pari-Mutuel Commission rule in Chapter 8 section 3 Entries: (b) Horses must be eligible at the time of starting. In addition, WPMC rule in section 22: Claiming, (d) (ii) states in part that a horse shall not race elsewhere until after the close of the meet at which it was claimed. (ii) Reads in part: title to the horse shall be recognized in Wyoming to follow the rule of the meeting under which it was claimed. The Board of Stewards at Wyoming Downs having considered all the evidence, does find that the horse Pulpermine was, in jail at Le Bois Park in Idaho and was therefore ineligible to be entered and raced in the race on June 28, 2015 at Wyoming Downs. Trainer Robert A Hazel pled no contest to WPMC Chapter 8 Sections 3 (b) Horses must be eligible. Mr. Hazel is hereby fined the sum of $ Ruling No. # In the Disciplinary Matter of Rene Lopez WPMC # Jockey During the running of the 1 st race on Sunday June 28, 2015, Jockey Rene Lopez aboard the #5- Vvr My Meemee allowed his mount to lug inward interfering with and forcing #4 to check sharply. In violation of the Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events, Chapters 8 Section 15, (i) Jockey shall make every effort to prevent their horse from lugging in or out in a manner which interferes with another horse. (ii) Jockeys shall not ride in such a manner as to endanger another horse or jockey. (g) Careless or sloppy riding will not be permitted. For these actions, #5 Vvr My Meemee was disqualified from 3 rd place and placed 8 th. The Board of Stewards at Wyoming Downs heard evidence and testimony on Sunday July 5, Following consideration of all evidence and testimony, the Board of Stewards finds jockey Rene Lopez to be in violation of WPMC Rules: Chapter 8 Section 15 (i), (ii), (g0. Jockey Rene Lopez is hereby fined the sum of $

2 Ruling No. # In the Disciplinary Matter of Rene Lopez WPMC # Jockey Pursuant to Wyoming Pari-Mutuel Commission Rules of Racing: Chapter 3, Section 4 (a) The Board of Stewards may hold an informal hearing to discuss an alleged or apparent violation of the statues or the Rules by a licensee, Oral notice is sufficient to commence an informal hearing. Jockey Rene Lopez was notified orally on Sunday June 28, 2015 to appear before the Board of Stewards on Saturday July 4, Mr. Lopez failed to appear on that date. The Wyoming Board of Stewards finds that jockey Rene Lopez is in violation of WPMC Rule: Chapter 3 Section 4-(a). Jockey Rene Lopez is hereby fined the sum of $50.00 for failure to appear before the Wyoming Board of Stewards. Ruling No. # In the Disciplinary Matter of Luis Peralta WPMC # Jockey During the running of the 1 st race on Sunday June 28, 2015, Jockey Luis Peralta aboard the #2- Sixs Streakin Duncan allowed his mount to lug inward interfering with and forcing #3 A Special Jess into #1 Concert Ticket. #1 Concert Ticket was forced to check sharply after hitting the inside rail. In violation of the Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events, Chapters 8 Section 15, (i) Jockey shall make every effort to prevent their horse from lugging in or out in a manner which interferes with another horse. (ii) Jockeys shall not ride in such a manner as to endanger another horse or jockey. (g) Careless or sloppy riding will not be permitted. For these actions, #2 Sixs Streakin Duncan was disqualified from 4 th place and placed 6 th. The Board of Stewards at Wyoming Downs heard evidence and testimony on Sunday July 5, Following consideration of all evidence and testimony, the Board of Stewards finds jockey Luis Peralta to be in violation of WPMC Rules: Chapter 8 Section 15 (i), (ii), (g). Jockey Luis Peralta is hereby fined the sum of $ Ruling No. # In the Disciplinary Matter of Luis Peralta WPMC # Jockey Pursuant to Wyoming Pari-Mutuel Commission Rules of Racing: Chapter 3, Section 4 (a) The Board of Stewards may hold an informal hearing to discuss an alleged or apparent violation of the statues or the Rules by a licensee, Oral notice is sufficient to commence an informal hearing. Jockey Luis Peralta was notified orally on Sunday June 28, 2015 to appear before the Board of Stewards on Saturday July 4, Mr. Peralta failed to appear on that date. The Wyoming Board of Stewards finds that jockey Luis Peralta is in violation of WPMC Rule: Chapter 3 Section 4-(a). Jockey Luis Peralta is hereby fined the sum of $50.00 for failure to appear before the Wyoming Board of Stewards.

3 Ruling No. # In the Disciplinary Matter of Cordarelton Benn WPMC# Jockey During the running of the 3 rd race on Sunday July 19, 2015, Jockey Cordarelton Benn aboard the #8 Gatorwood allowed his mount to lug inward interfering with and forcing #7 into #5, forcing #4 to check sharply. In violation of the Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events, Chapters 8 Section 15, (i) Jockey shall make every effort to prevent their horse from lugging in or out in a manner which interferes with another horse. (ii) Jockeys shall not ride in such a manner as to endanger another horse or jockey. (g) Careless or sloppy riding will not be permitted. For these actions, #8 Gatorwood was disqualified from 3 rd place and placed 9 th. The Board of Stewards at Wyoming Downs heard evidence and testimony on Saturday July 25, Following consideration of all evidence and testimony, the Board of Stewards finds jockey Cordarelton Benn to be in violation of WPMC Rules: Chapter 8 Section 15 (i), (ii), (g0. Jockey Cordarelton Benn is hereby fined the sum of $ Ruling No. # In the Disciplinary Matter of Brent Young WPMC# Trainer Upon report from Truesdail Laboratories, Inc. blood sample number 34682, taken from Fit For Duty, which finished second (2 ndt ) in the tenth (10 th ) race on Sunday July 12, 2015, showed the presence of Dexamethasone. The sample was analyzed using utilizing liquid chromatography mass spectrometry (LC-MS) and was confirmed for Dexamethasone at a lever of 230 ± 30 picograms / ml. Brent Young requested an informal hearing before the Board of Stewards at Wyoming Downs. At approximately 9:45 on August 1, 2015 the informal hearing was held, regarding the alleged violation of a positive test for Dexamethasone. Mr. Young did admit to administering the medication, thinking that 48 hours prior to the race was adequate withdrawal time. Pursuant to The State of Wyoming Commission Rules of Pari-Mutuel Events Chapter 3, Section 4, Informal Steward s Hearing (a). The Board of Stewards at Wyoming Downs heard evidence and testimony on Saturday, August 1, Trainer Brent Young did plead No Contest to the violation, as Fit For Duty had been administered Dexamethasone. The Board of Stewards hereby recommends the following penalties: Brent Young WPMC # is fined the sum of $ due by Thursday, August 7, Ruling No. # In the Disciplinary Matter of Steve Morgan WPMC# Trainer Upon report from Truesdail Laboratories, Inc. blood sample number 34645, taken from TDM Big Shooter, which finished first (1st) in the eighth (8th) race on Saturday July 11, 2015, showed the presence of Triamcinolone. The sample was analyzed using utilizing liquid chromatography mass spectrometry (LC-MS) and was confirmed for Triamcinolone at a level of 430 ± 20 picograms / ml. Steve Morgan requested an informal hearing before the Board of Stewards at Wyoming Downs. At approximately 9:15 on August 2, 2015 the informal hearing was held, regarding the alleged violation of a

4 positive test for Triamcinolone. Pursuant to The State of Wyoming Commission Rules of Pari-Mutuel Events Chapter 3, Section 4, Informal Steward s Hearing (a). The Board of Stewards at Wyoming Downs heard evidence and testimony on Sunday, August 2, Trainer Steve Morgan did plead No Contest to the violation, as TDM Big Shooter had been administered Triamcinolone. Mr. Morgan did state that TDM Big Shooter had his shins injected with Triamcinolone. The Board of Stewards hereby recommends the following penalties: Steve Morgan WPMC # is fined the sum of $ due by Monday, August 10, Ruling No. # In the Disciplinary Matter of Rene Lopez WPMC# Jockey On Sunday August 2, 2015 Jockey Rene Lopez failed a pre-race breathalyzer test with a reading of.059 which was in excess of the limit of.05 as stated in Wyoming Pari-Mutuel Commission rules Chapter 8, Section 21, (a) Alcohol Prohibition/Breathalyzer Test. (i) No licensee or employee of any entity associated with the conduct of a pari-mutuel event shall have present within his system any amount of alcohol in excess of.05 percent content while on the grounds of a permitted pari-mutuel event. For this violation Mr. Lopez was removed from all his mounts for the day by the Wyoming Downs Board of Stewards. Pursuant to Wyoming Pari-Mutuel Rules, Chapter 8, Section 21 Jockey Rene Lopez will be subject to the following conditions: 1. May/Shall be subject at any time to a breathalyzer test at the designation of a commission representative. 2. A refusal to submit to such test shall result in immediate suspension of his WPMC license. 3. Any further violations may result in required participation in an accredited substance abuse program prior to having his WPMC license reinstated. Ruling No. # In the Disciplinary Matter of Jose Chacon WPMC# Owner/Trainer Upon report from Truesdail Laboratories, Inc. blood sample number 34714, taken from "Shadow Secret", which finished second (2) in the second race on Sunday, July 19, 2015, showed the presence of Dexamethasone and Diclofenac. The sample was analyzed using utilizing liquid chromatography mass spectrometry (LC-MS) and was confirmed for Dexamethasone at a level of 478 ± 5 picograms/ ml and was confirmed for Diclofenac at a level of 49.6 ± 0.4 nanograms / ml. Jose Chacon requested an informal hearing before the Board of Stewards at Wyoming Downs. At approximately 9:00 on August 9, 2015 the informal hearing was held, regarding the alleged violation of a positive test for Dexamethasone & Diclofenac. Pursuant to The State of Wyoming Commission Rules of Pari-Mutuel Events Chapter 3, Section 4, Informal Steward's Hearing (a). The Board of Stewards at Wyoming Downs heard evidence and testimony on Sunday, August 9, Trainer Jose Chacon did plead "No Contest" to the violation, as "Shadow Secret" had been administered Dexamethasone and Diclofenac. The Board of Stewards hereby recommends the following penalties: Jose Chacon WPMC # is fined the sum of $ due by Tuesday, August 11, 2015.

5 Ruling No. # In the Disciplinary Matter of Jose Chacon WPMC# Owner/Trainer Jose Chacon requested an informal hearing before the Board of Stewards at Wyoming Downs. At approximately 9:45 on August 9, 20 hearing was held, regarding the violation of WPMC Rules Chapter 2- Corrupt Practices Section (n) (i) (ii) (iii) Pursuant to The State of Wyoming Commission Rules of Pari- Mutuel Events Chapter 3, Section 4, Informal Steward s Hearing (a). Possession of injectable substances and injectable device. Evidence was presented by WPMC investigator Chris Walsh that Mr. Chacon had in his possession an injectable substance and syringe when his vehicle was searched on August 22, Mr. Chacon did not dispute the evidence as presented. The Board of Stewards at Wyoming Downs heard evidence and testimony on Sunday, August 9, Trainer Jose Chacon did plead No Contest to the violation. The Board of Stewards hereby recommends the following penalties: Jose Chacon WPMC # is fined the sum of $ due by Tuesday, August 11, 2015, and a 15 day suspension effective August 10, 2015 thru August 24, Ruling No. # A In the Disciplinary Matter of Jose Chacon WPMC# Owner/Trainer Pursuant to WPMC order # , owner/trainer Jose Chacon having paid his fine of $ and served his 15 day suspension 8/11/2015 to 8/24/2015 is hereby restored to good standing with the Wyoming Pari-Mutuel Commission as of the date August 25, Ruling No. # In the Disciplinary Matter of Rene Lopez WPMC# Jockey On August 22, 23 and 28, 2015, jockey Rene Lopez failed to report to the Jockeys Room one hour prior to post time as stated in Wyoming Pari-Mutuel Commission rules Chapter 7, Section 4 (l) Every jockey who is engaged to ride in a race shall report to the Jockey Quarters not less than one hour before post time for the first race. He shall then report his engagements and overweight to the clerk of scales. He shall not leave the Jockey Room except to view the races from a point approved by the Stewards or to ride in a race until all of his engagements of the day have been fulfilled. The Stewards may permit jockeys engaged for later races to report at a later hour. The Board of Stewards at Sweetwater Downs heard evidence and testimony on Saturday, August 29, Jockey Rene Lopez did plead No Contest to the violation. The Board of Stewards hereby recommends the following penalty: Rene Lopez WPMC # is fined the sum of $50.00 due by Tuesday, September 8, Ruling No. # Written Warning in Matter of Josh Romero WPMC# Jockey On August 28, 2015, jockey Josh Romero failed a HGN test administered by WPMC investigator Chris Walsh. Following the HGN test Mr. Romero refused to take the breathalyzer test, subsequently, telling

6 the clerk of scales, Pete Criswell that he was leaving and would not fulfill his riding commitments for the day. Pursuant to Wyoming Pari-Mutuel Rules Chapter 8 Section 21 Jockey Josh Romero will be subject to the following conditions: 1. May/Shall be subject at any time to a breathalyzer test at the designation of a commission representative. 2. A refusal to submit to such test shall result in immediate suspension of his WPMC license. 3. Any further violations may result in a required participation in an accredited substance abuse program prior to having his WPMC license reinstated. Ruling No. # In the Disciplinary Matter of Josh Romero WPMC# Jockey Josh Romero requested an informal hearing before the Board of Stewards at Sweetwater Downs. At approximately 9:45 on September 6, 2015 hearing was held, regarding the violation of WPMC Rules Chapter 7- Jockeys Section4 (g) Pursuant to The State of Wyoming Commission Rules of Pari-Mutuel Events Chapter 3, Section 4, informal Steward s Hearing. The Board of Stewards at Sweetwater Downs heard evidence and testimony on Sunday, September 6, Jockey Josh Romero did plead No Contest to failure to fulfill riding engagements on August 28, 2015 races 2 and 4. The Board of Stewards hereby recommends the following penalties: Josh Romero WPMC # is fined the sum of $ due by Wednesday, September 15, Ruling No. # In the Disciplinary Matter of Oscar Cervantes WPMC# Jockey During the running of the 3rd race on Saturday September 5, 2015, Jockey Oscar Cervantes aboard the #5- GL Give Me A Sign allowed his mount to lug inward interfering with and forcing #4 to check sharply. In violation of the Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events, Chapters 8 Section 15, (i) Jockey shall make every effort to prevent their horse from lugging in or out in a manner which interferes with another horse. (ii) Jockeys shall not ride in such a manner as to endanger another horse or jockey. (g) Careless or sloppy riding will not be permitted. For these actions, #5 GL Give Me A Sign was disqualified from 2 nd place and placed 7 th. The Board of Stewards at Wyoming Downs heard evidence and testimony on Sunday, September 6, Following consideration of all evidence and testimony, the Board of Stewards finds jockey Oscar Cervantes to be in violation of WPMC Rules: Chapter 8 Section 15 (i), (ii), (g0. Jockey Oscar Cervantes is hereby fined the sum of $200.00, due by Wednesday September 9, Ruling No. # In the Disciplinary Matter of Oscar Cervantes WPMC# Jockey During the running of the 6th race on Sunday, September 20, 2015, Jockey Oscar Cervantes aboard the #3- Michelle Suzanne allowed his mount to run in an erratic matter. In violation of the Wyoming Pari-Mutuel

7 Commission Rules of Pari-Mutuel Events, Chapters 8 Section 15, (g) Careless or sloppy riding will not be permitted. The Board of Stewards at Central Wyoming Fair heard evidence and testimony on Sunday, September 20, Following consideration of all evidence and testimony, the Board of Stewards finds jockey Oscar Cervantes to be in violation of WPMC Rules: Chapter 8, Section 15, (g). Jockey Oscar Cervantes is hereby fined the sum of $200.00, due by Wednesday September 23, Ruling No. # In the Disciplinary Matter of Luis Peralta WPMC# Jockey In the sixth (6) race on Sunday, September 20, 2015 Jockey Luis Peralta aboard Jess Baby May failed to maintain a straight course causing interference resulting in injury to another jockey Tyson Lusk aboard Grays Lady Moon. Violation of Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events, Chapter 8, Section 15, (d) No horse or jockey shall willfully jostle another horse. (i) Jockeys shall make every effort to prevent their horse from lugging in or out in a manner which interferes with another horse. (ii) Jockeys shall not ride in such a manner to endanger another horse or jockey. (f) Jockeys must be in full control of their horse before applying the whip. No jockey shall use the whip more than is reasonably necessary under the circumstances or ever strike a horse on the head. (g) Careless or sloppy riding will not be permitted. The Board of Stewards at Central Wyoming Fair heard evidence and testimony on Sunday, September 20, 2015 and hereby recommends the following penalties; Luis Peralta WPMC # ; suspended three (3) race days starting Friday, September 25 through Sunday, September 27, Ruling No. # In the Disciplinary Matter of Jesus Nolazco WPMC# Trainer On September 20, 2015 at Central Wyoming Fair Grounds in Casper, Wyoming Rosie Secret entered the 3 rd race and Rare Dixie Dash entered the 4 th race by trainer Jesus Nolazco failed to report to the paddock necessitating a late scratch on both horses. The scratches occurred after the designated scratch time and caused to exclude other horses from running. In violation of the Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events, Chapters 8 Section 8 Declarations and Scratches, (a) No horse shall be considered scratched or declared out of an engagement until the owner or his authorized agent or some person deputized by him shall have given notice in writing to the Racing Secretary before the time stipulated by the regulations of the Permittee. (f) A horse is an overnight race cannot be scratched without the approval of the Stewards. The Board of Stewards at Energy Downs heard evidence and testimony on Sunday, September 27, 2015, per teleconference and hereby recommends the following penalties; Jesus Nolazco WPMC # ; is fined $ be paid to the Wyoming Pari-Mutuel Commission within 48 hours. Also Mr. Nolazco needs to pay Wyoming Horse Racing, LLC for two (2) jock mounts in the amount of $ for the above stated horses, to be paid within 48 hours.

8 Ruling No. # In the Disciplinary Matter of Tori Gandia WPMC# Jockey During the running of the 3 rd race on Saturday, September 26, 2015, Jockey Tori Gandia aboard the #3- Benjamin E. allowed her mount to lug inward interfering with #1, #2 and #5 to check sharply, resulting in a disqualification. In violation of the Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events, Chapters 8 Section 15, (i) Jockey shall make every effort to prevent their horse from lugging in or out in a manner which interferes with another horse. (ii) Jockeys shall not ride in such a manner as to endanger another horse or jockey. (g) Careless or sloppy riding will not be permitted. For these actions, #3 Benjamin E. was disqualified from 1 st place and placed 4 th. The Board of Stewards at Energy Downs heard evidence and testimony on Saturday, September 26, Following consideration of all evidence and testimony, the Board of Stewards finds jockey Tori Gandia to be in violation of WPMC Rules: Chapter 8 Section 15 (i), (ii), (g). Jockey Tori Gandia is hereby fined the sum of $ to be paid within 48 hours. Ruling No. # In the Disciplinary Matter of Rene Lopez WPMC# Jockey On September 6, 2015 at approximately 11:50 a.m. Jockey Rene Lopez, WPMC # , was given a portable breath test, the result was.07. Mr. Lopez was given a second test which showed a level of.071. The test was administrated using the Pari-Mutuel Commission portable breath test device which was properly calibrated and operating properly WPMC Investigator Chris Walsh contacted the Stewards and was instructed to tell Mr. Lopez he was suspended from riding for the day. Mr. Lopez was in violation of Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events, Section 21. Alcohol and Drug Testing of Participants (a) Alcohol Prohibition/Breathalyzer Test. (i) No licensee or employee of any entity associated with the conduct of a pari-mutuel event shall have present within his system any amount of alcohol in excess of.05 percent content wile on the grounds of a permitted parimutuel event. (ii) Acting with reasonable cause, the Stewards or a designated Commission representative may direct any licensee or employee to submit to the examination. If the results show a reading of.05 percent alcohol content or more, the licensee or employee shall then be subject to fine or suspension by the Stewards or the Commission. If any licensee or employee refuses to submit to a breathalyzer he shall be subject to a suspension until such time as he does submit to the test. (c) Procedures Following Positive Chemical Analysis. (i) For a licensee s or employee s first violation he may not be allowed to participate in a pari-mutuel event until his condition has been professionally evaluated. (A) After professional evaluation, if the licensee s or employee s condition proves non-addictive and not detrimental to the best interest of the event, the licensee or employee shall be allowed to participate in the event provided he can produce a negative test result and show documented proof that he has successfully completed a certified alcohol/drug rehabilitation program approved by the Commission. The licensee or employee must agree to further testing at the discretion of the Stewards or Commission representative to insure his unimpairment. Rene Lopez requested an informal hearing before the Board of Stewards at Central Wyoming Fair. Pursuant to the State of Wyoming Pari-Mutuel Commission Rules of Pari-Mutuel Events Chapter 3, Section 4 Informal Steward s Hearing (a). The Board of Stewards from Central Wyoming Fair heard evidence and testimony by teleconference on Friday, September 18, 2015 at the Wyoming Pari-Mutuel Commission office at

9 approximately 10:00 a.m. in Casper, Wyoming and hereby recommends the following penalties; Rene Lopez WPMC # is summarily relieved of his official duties as a Jockey and denied access to all restricted areas within the confines of all racetracks under the jurisdiction of the Wyoming Pari-Mutuel Commission and ordered to be professionally evaluated for alcohol abuse before any license could be re-instated. Board of Stewards: Bill Brown/Francy Martin Ruling No. # In the Disciplinary Matter of William Matt Eisele WPMC# Trainer Upon report from Truesdail Laboratories, Inc. blood sample number , taken from Barely A Secret, which finished second (2nd) in the second (2nd) race on Sunday, September 20, 2015, showed the presence of Methylprednisolone. The sample was analyzed using utilizing liquid chromatography mass spectrometry (LC-MS) and was confirmed for Methylprednisolone at a level of 470 ± 20 picograms / ml. William Matt Eisele requested an informal hearing before the Board of Stewards. At approximately 1:00 p.m. on October 23, 2015 the informal hearing was held per teleconference, regarding the alleged violation of a positive test for Methylprednisolone. Pursuant to The State of Wyoming Commission Rules of Pari-Mutuel Events Chapter 3, Section 4, Informal Steward s Hearing (a). The Board of Stewards, heard evidence and testimony on October 23, Trainer William Matt Eisele did plead No Contest to the violation. The Board of Stewards hereby recommends the following penalties: William Matt Eisele WPMC # is fined the sum of $ due by Monday, October 26, Board of Stewards: Bill Brown/Pat Mackey

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