Golden Gate Trainer Ruled Against in Rape Case

Trainer Ari Herbertson lost a civil rape case and will owe the unnamed plaintiff $9 million, according to an email from Diane Rames, law office administrator at the Oakland firm Gwilliam Ivary Chiosso Cavalli & Brewer, APC.

According to the firm's email, Jane Doe was attending live racing at Golden Gate on Jan. 12, 2019 when she was drugged and raped by Herbertson. The latter was first criminally prosecuted and plead no contest to a lesser charge of assault with a deadly weapon. He was sentenced to one-year incarceration and two years' probation in that case before Alameda County Superior Court Judge Jeffrey Brand ruled in the civil case Jan. 17. The civil action alleged various torts related to the rape. Judge Brand awarded the defendant $3 million in general damages and $6 million in punitive damages.

“I commend Jane Doe for pursuing her civil case,” said attorney Randall Strauss of Gwilliam Ivary Chiosso Cavalli & Brewer, who represented the plaintiff throughout her civil case. “She was viciously and violently attacked, yet she was unafraid to pursue her attacker in court. Her bravery helps send a message that our society will not tolerate sexual battery and will work to seek justice for victims of sexual abuse.”

According to equineline.com, Herbertson trained from 2016-21 and compiled a record of 134 wins from 447 starts. Click to see a copy of the court order.

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Trainer Herbertson Sentenced To One Year In Jail After ‘No Contest’ Plea In Assault Case

Trainer Ari Herbertson has been sentenced to one year in jail and two years' probation after he entered a no contest plea to assault with a deadly weapon in Alameda County Superior Court in Alameda, Calif.

Herbertson, of El Sobrante, Calif., was charged with four felonies in February 2020 in connection with an assault of a woman near Golden Gate Fields in January 2019. Herbertson was arrested at the racetrack after law enforcement indicated a DNA match to Herbertson had been made in the case.

In November, the Alameda County court website erroneously listed Herbertson as having entered a no contest plea to sexual penetration with a foreign object, one of the original charges against him. That charge and two others were dismissed as part of his no contest plea to assault with a deadly weapon. The court has since corrected its record.

A legal representative for Herbertson indicated the trainer will receive credit for time served and is anticipated to be released in June 2022. He is currently incarcerated at Santa Rita Jail in Dublin, Calif., according to Alameda County court records.

The California Horse Racing Board's website lists Herbertson's license as “in compliance,” though it is scheduled to expire Dec. 31, 2021.

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Trainer Herbertson Enters No Contest Plea In Sexual Assault Case

Trainer Ari Herbertson has entered a plea of no contest in Alameda Superior Court to one count of sexual penetration by a foreign object in connection with an assault case brought against him in 2020.

Herbertson, of El Sobrante, Calif., was charged with four felonies in February of last year after an assault that took place near Golden Gate Fields. Herbertson was arrested at the racetrack after law enforcement indicated a DNA match to Herbertson had been made in the case.

Herbertson did not saddle any more runners after his 2020 arrest, though he did resume training this year. He has not had any more starters at Golden Gate Fields. His training license with the California Horse Racing Board remains active and does not expire until the end of this year.

“We cannot just suspend someone's license based on arrest or allegation,” said CHRB spokesman Mike Marten. “When a criminal investigation is taking place, especially on an incident that occurs off the track, we do not interfere with the local investigation and prosecution but assist in any way we can. We monitor the process, as we did in this case from the beginning, and if and when there is a conviction, we obtain the appropriate documents and determine whether we can file a complaint alleging a rule violation, which we are doing now. In other words, we cannot just take someone's license without a hearing and the criminal part always goes before the administrative one.”

Herbertson started 59 runners in 2021 and 25 in 2020 at Fresno, Emerald Downs, and Turf Paradise.

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