Former West Virginia Trainer Subject Of Animal Cruelty Complaint; 13 Starving Horses Removed From Property

Former West Virginia trainer Harry Dodson of Martinsburg, WVa., is the subject of a criminal complaint of 14 counts of animal cruelty filed in local court in March. The complaint details a weeks-long investigation by animal control authorities into repeated complaints about the condition of horses – some of them former racehorses – in Dodson's care.

According to the criminal complaint filed in Jefferson County Magistrate Court, law enforcement began fielding calls about horses connected to Dodson in January of this year. In the criminal complaint, Lt. Robert Sell noted that Dodson was the owner of more than a dozen horses who were kept on a property on Leetown Road. An initial check found the horses with hay and water, and law enforcement didn't note any problems, but animal control officers continued to receive calls about the horses and and made additional visits to the property.

Three horses did show signs of malnutrition in late January, according to the report, and are identified as Another Buckaroo, an 18-year-old gelding who was owned and trained on the track by Dodson; Only Gota Minute, an 18-year-old mare, and Kyla's Treasure, an 18-year-old mare who ran on the track for Dodson.

Dodson told officers he suspected his siblings may have been responsible for the complaints about the horses as part of an ongoing family dispute.

Sell wrote that he ordered Dodson to seek veterinary care for those three horses within seven days. Ten days after that order, the document shows, Dodson told animal control officer he could not afford veterinary care for the horses. Animal control continued to post notices at the Leetown Road property, demanding Dodson comply with their order through mid-February.

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On Feb. 23, a private veterinarian visited the farm and discovered that Another Buckaroo had been euthanized prior to her visit. The vet gave Kyla's Treasure a body condition score of one out of nine. Only Gota Minute received a score of two out of nine. The veterinarian provided Dodson with a number of recommendations, including medicated shampoos for lice infestations and feeding/management strategies to improve their weight.

The complaint states that when officers returned on Feb. 27, they had received two more calls. This time, they found a downed horse who was unable to rise. The next day, they discovered Dodson with Only Gota Minute, who was down but alive. Dodson told officers he had euthanized the horse with a drug that took 30 minutes to fully work, the report states. He would later admit, it continued, that he had shot the horse and been unsuccessful in killing her before the arrival of animal control officers. A necropsy later revealed the horse weighed 827 pounds and died of unspecified trauma and hypoproteinemia (lack of dietary protein).

On March 2, law enforcement obtained a search warrant and permission from the court to remove animals from the property. They took 13 horses, 12 of which scored at or below a 3.5 out of 9 on the Henneke Body Condition Score scale.

“The field conditions were bare and minimal, lacking both grass/pasture and quality hay,” the complaint read. “The water sources varied from adequate to inadequate based on where the horses were located. The fencing was inadequate and dangerous to the animals in terms of protecting them or possible escape. All of the horses will need extensive care and treatment to return to a healthy body score and future.”

A neighbor later told police that Dodson had told them in text messages that he'd had four horses die on the property between Christmas and New Year's, prior to the start of law enforcement investigations. Dodson had indicated in one of his texts that one died from Equine Protozoal Myeloencephalitis.

One of the horses seized from former trainer Harry Dodson's property. Image courtesy Days End Farm Horse Rescue

One mare and foal were transferred to Hattingh Equine Rescue in Purcellville, Va., where they reportedly are making good progress. Thirteen seized horses were sent to Days End Farm in Woodbine, Md., where they are continuing their recovery.

Days End is a Thoroughbred Aftercare Alliance-accredited facility that specializes in rehabilitating neglected horses and frequently works with law enforcement in Eastern states on welfare issues.

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DeEtte Hillman, equine programs director for Days End, said the 13 horses the organization took on are about three weeks into their recovery, and while they are showing signs of improvement, they have a long road ahead.

“These horses were suffering from a severe lice infestation, so their bodies just hurt and itched,” said Hillman. “These guys, on top of being starved, were ill and fighting infections. They still are. We're still dealing with it and we're three weeks in.”

Days End has three mares with foals, two stallions, two geldings, and three mares. So far, the organization has found Jockey Club registration information for six of them, although they all appear to be Thoroughbreds. Hillman said lack of dental care and vaccines have contributed to the horses' condition.

“We can say now the majority of them are improving. Others are still struggling through ongoing illness issues,” she said.

Hillman said she expects it will take a minimum of six months for the group to regain health, and it may be 12 months before they may be ready for adoption. On average, Days Ends finds that horses getting rehabilitative care can cost $2,200 or more per month due to the intensive veterinary work required to safely refeed, deworm, and address other chronic medical issues.

A horse receives a veterinary check-up after it was removed from Dodson's property and transferred to Days End Farm. Image courtesy Days End Farm Horse Rescue

Dodson's training career was sporadic and most of his starts took place in 2014 with a lifetime record of one win in 43 starts. In 2015, he was ejected from Charles Town after the track said he had engaged in “conduct detrimental to the best interest of racing.” Dodson later said track management made a series of allegations against him, including that he attempted to exercise a sore horse, that he entered a 9-year-old horse that had not raced before and was euthanized in its third start, and accused him of “generally entering poor performing horses in races at PNGI,” according to a report in the Thoroughbred Daily News.

Dodson appealed the ejection to the West Virginia Racing Commission, which determined that Dodson had not violated any rules of racing and that the track had violated statutory requirements for ejection. The commission reversed the track's ejection. Still, Dodson brought suit against Charles Town in federal court, claiming that the ejection forced him to “engage in a fire-sale/giveaway of horses he had on PNGI's premises.”

He sought $100,000 in damages plus $10,000 in lost wages, along with punitive damages. The racetrack made a motion to dismiss, which was granted by a judge when it went unopposed by Dodson. Dodson's attorney later explained in a court filing that he misunderstood the requirements for filing a response.

According to Jefferson County court records, Dodson was issued a notice to appear for a pre-trial hearing on May 16 for the misdemeanor animal cruelty charges. He has not yet entered a plea. He is no longer licensed by the West Virginia Racing Commission in any capacity.

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Veterinarian In Laoban Case Suspended 90 Days, Ordered To Pay $30,000

Veterinarian Dr. Heather Wharton has had her veterinary license suspended 90 days and has been ordered to pay $30,000 in administrative fines for her role in the death of the stallion Laoban, according to a report from LEO Weekly.

Wharton was working for WinStar Farm in May 2021, at which time Laoban was standing stud at WinStar and was showing reduced interest in breeding mares. Writer Tim Sullivan noted that a report by the Kentucky Board of Veterinary Examiners showed Laoban had been diagnosed with arthritis in his neck which made breeding uncomfortable. The report indicated the horse had been treated with shockwave and anti-inflammatories and showed initial improvement, but his reluctance returned.

Wharton injected Laoban with a vitamin cocktail referred to as The Black Shot in the hopes of stimulating energy. Less than a minute after receiving the injection surveillance cameras showed the horse went into distress and died quickly.

Cypress Creek Equine LLC later filed a civil suit in Fayette County Circuit Court in Kentucky against insurance companies which refused to pay out mortality coverage on the horse due to the circumstances of his death. That case remains unresolved.

Court documents prepared by the legal team for one of the insurance companies later revealed that the contents of The Black Shot given by Wharton included four vitamin substances, three of which were expired, one of which was not labeled for use in horses, and one of which was given at a dose well above the recommended amount. One or more of the ingredients was supposed to be given intramuscularly but the mixture was instead given intravenously.

Wharton also agreed to complete at least four hours of continuing education and will receive a reprimand in her record in the state veterinary licensing system.

A statement by WinStar CEO Elliott Walden indicated Wharton would remain on staff at WinStar and that the farm “will continue to review treatment protocols.”

Read more at LEO Weekly

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Horowitz On OTTBs Presented by Excel Equine: The Success Of Cozmic One And The People Around Him

Sergio de Sousa and Ann Holbrook spoke on March 8. It's something they do frequently, and this time, it was to celebrate the birthday of the horse that brought them and the racehorse and sporthorse worlds together and changed the game for the recognition of OTTBs – Cozmic One.

Cozmic One was born on March 8, 2012, bred by Holbrook, along with her husband at the time, Jerry Moss. You'd be hard-pressed to find a foal that had a bigger spotlight on him than “Coz.” The bay colt was out of Zenyatta – the bay mare with a big stature (17.2 hands), big personality (those dance moves in the paddock), big finishes (coming from the back of the pack to win 19 of 20, most notably the Grade 1 Breeders' Cup Classic in 2009), and a big following (twice runner-up as Associated Press Female Athlete of the Year, quite the accomplishment considering that horses aren't usually considered for the prestigious award).

When Cozmic One made his racing debut as a 3-year-old on April 17, 2015, he was saddled and paraded in the vicinity of a life-size statue of his mom at Santa Anita Park. Coz finished sixth and raced four more times over the next two years, retiring in October 2017. That month, Isabela de Sousa, a teenage phenom show jumper and show hunter, won the Show Jumper title at the Retired Racehorse Project Thoroughbred Makeover for the third year in a row aboard her OTTB, Late Night Mark.

With Isabela experiencing Zenyatta-like success at the Breeders' Cup-equivalent for OTTBs, her dad, Sergio de Sousa, had an idea.

“I didn't know the Mosses at all; I know David Ingordo a little bit,” he said, referring to the bloodstock agent that recommended that the Mosses buy Zenyatta as a yearling. “I said, 'Would that horse ever be available?' It was a bit of a joke actually. …The idea was to bring more attention [to the Thoroughbred Makeover].”

When Cozmic One arrived at the Kentucky Horse Park for the 2018 Thoroughbred Makeover, there was a buzz like the event had never experienced before. Cozmic One was the first national celebrity to compete at the largest Thoroughbred competition featuring 10 different disciplines. There had previously been some successful stakes horses that were regional fan favorites like Called to Serve, Eighttofasttocatch, and Icabad Crane. Television crews and turf writers flocked around Coz and Isabela. This past year, there was the same buzz around Whitmore, the 2020 Breeders' Cup Sprint (G1) winner that became a fan favorite for his big personality as much as his many years of racing success.

Cozmic One and de Sousa were fifth after preliminaries for Show Jumpers competing at the height of 2'6” at the 2018 Thoroughbred Makeover and made the Finale. The judging at the Thoroughbred Makeover is based upon an evaluation of where a horse is at in their retraining for a new career post-racing and their potential to excel in that discipline. The judges saw that potential in Cozmic One, although the horse also showed his greenness knocking rails during their jumping tests. Morgan Boyer and Interactif Spy ran away with the title. Competitors get to choose at which height to showcase their horses. While most of the 97 entrants, like Coz, competed at 2'6”, plus some at 3', Interactif Spy was the lone horse to jump 3'3”.

Cozmic One with Sergio de Sousa (photo courtesy Sergio de Sousa)

“For Isabela, it was a lot of pressure on her,” Sergio said. “It was quite a bit of work with that horse. He lost a lot of condition after he was gelded. So, the transition for him for his body was difficult. And, trying to figure out his mind, too, he was always a very high-energy kind of horse. Still to this day, you kind of have to make things his idea to do it. But, it was great. A lot of people told us they started doing [the Thoroughbred Makeover] because they were following the horse and what Isabela was doing at the time.”

In the five years since the 2018 Thoroughbred Makeover, the bay gelding has had time to develop his own identity away from the spotlight.

There's enormous pressure on Thoroughbreds to show immediate success on the track. In one sense, that's understandable. Stud fees have reached six-figures, and yearlings seven-figures. Thoroughbreds can begin racing at 2 years old. The most famous races in the United States, the Triple Crown, take place when they're 3 years old. In another sense, that's unfair. These horses are still growing into their bodies and their identities. The increased pressure combined with the increased costs of operating a racing stable now don't lend themselves to late-bloomers like John Henry or Seabiscuit.

“There's that thing for horse racing when you line up in the starting gate and you have the million-dollar horse and the $20,000 horse, they don't know how much they cost and who they are,” de Sousa said. “When you open the gates, one of them runs faster than the other.”

That same pressure translates to a certain degree to when racehorses come off the track. The Thoroughbred Makeover is the largest competition for the breed in the world, and it's for horses in their first year of retraining following a racing career. In one sense, that's understandable. It capitalizes on these horses' connection to racing and creates a market that has seen more people turn to Thoroughbreds for their next sporthorse prospects. In another sense, that's unfair. It's not entirely representative of the fact that it takes years to develop the skills to succeed in eventing, show jumping, polo, barrel racing, and more. The Retired Racehorse Project does make sure to present that their competitors are just starting their new careers, but when the profile of the Thoroughbred Makeover is as big as it is, it's easy to get carried away. That's what happened to a certain degree with Cozmic One.

With Isabela off to Europe to grow her show jumping career, her dad, Sergio, took over the mount on Cozmic One. Coz had about six months off because of a muscle pull after the 2018 Thoroughbred Makeover. The show jumping dad started bringing Cozmic One back to work slowly.

With Sergio in the saddle, Coz has now settled into a comfort zone competing between .8m and 1.0m, or about 2'7” to 3'3”, with strong placings in TAKE2 Thoroughbred show jumping competitions. They competed at the TAKE2 Jumper Finals at the Kentucky Horse Park in 2021 and 2022. In 2022, they were recognized for finishing fourth in the United States Hunter Jumper Association's (USHJA) Zone 5 of Illinois, Indiana, Kentucky, Michigan and Ohio in the Thoroughbred Jumper section.

“The greatest hope for any horse owner is that their horses have the highest quality care, the opportunity to be engaged, and to live their very best lives,” Holbrook said. “Cozmic One has been completely blessed and fortunate in this way, and he continues to be so in his retirement with the enthusiastic welcome and dedication of Sergio and the de Sousa family.”

Cozmic One in training at Santa Anita in 2015

While there's often a push to raise the jumps, that doesn't have to, nor should it, be the case. While the TAKE2 Jumper Finals are currently held at heights of 1.0m and 1.05m, or about 3'3” to 3'6”, de Sousa believes scaling back could be more representative for the breed.

“The TAKE2, which I think is an extension of the Makeover, they should drop the classes to .85 because a meter, a meter-five when you go to these shows like at the Kentucky Horse Park, most people are amateurs like me that are showing Thoroughbreds,” de Sousa said. “Most other people are showing warmbloods. If you drop the height, I bet you'll have a lot more entries.”

All the while, Ann Holbrook, Cozmic One's breeder, continues to be involved in the horse's life. She co-owns the bay gelding, now 11 years old, with Sergio de Sousa, bringing the race and sporthorse worlds together for the benefit of the horse.

“Thanks to the incredible attention and sensitivity of Sergio, Coz has continued to grow and be an inspiration and, as Sergio says, 'ambassador' for other retired racehorses,” Holbrook said. “And of course, he undoubtedly feels completely loved by Sergio's generous and beautiful nurturing. It is wonderful to witness his special relationship with Coz. It certainly fills my heart with love and gratitude.”

For Holbrook still to be involved with Cozmic One all these years after breeding him gives Coz the best racehorse mom and sporthorse dad that a Thoroughbred could ask for.

Announcing horse races inspired Jonathan Horowitz to become an advocate for off-track Thoroughbreds, as well as to learn to event on OTTBs and to expand his announcing of and writing about equine sports to horse shows around the United States. He also works for the United States Eventing Association and runs the Super G Sporthorses eventing barn with his wife, Ashley. He can be reached on Facebook and Twitter at @jjhorowitz.

 

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Thoroughbred Aftercare Alliance To Have Presence At Churchill During Kentucky Derby Week

The Thoroughbred Aftercare Alliance will be present this year at Churchill Downs during Kentucky Derby Week for a variety of exciting events culminating in the running of the 149th Kentucky Derby presented by Woodford Reserve which takes place on Saturday, May 6, 2023.

It is announced that the Thoroughbred Aftercare Alliance will be recognized with a named race on the undercard of Champions Day. Champions Day is a celebration of Thoroughbred racing history, and will be held during Kentucky Derby Week on Wednesday, May 3, 2023. Following the running of the Thoroughbred Aftercare Alliance race, a presentation will be made to the winning connections including a branded blanket and swag bag. 

“Churchill Downs is proud to utilize Champions Day as a platform to recognize heroes of Thoroughbred racing. We look forward to promoting the good work of the Thoroughbred Aftercare Alliance as we celebrate champions in horseracing,” said Cathy Shircliff, Churchill Downs Incorporated Director of Equine Industry Relations.

The Thoroughbred Aftercare Alliance will be on premises for the week to facilitate one of the VIP experiences auctioned off earlier this year in the “Off to the Races” campaign, promoting aftercare awareness. This experience celebrating the proud traditions of the Kentucky Derby was generously donated by Churchill Downs Incorporated and Second Stride.

“We appreciate the support from Churchill Downs to continue to feature the importance of accredited aftercare,” said Emily Dresen, Thoroughbred Aftercare Alliance Director, Funding & Events. “We are looking forward to being present during such an exciting week of racing.”

About the Thoroughbred Aftercare Alliance 

Based in Lexington, KY, the Thoroughbred Aftercare Alliance is a 501(c)(3) nonprofit that accredits, inspects, and awards grants to approved aftercare organizations to retrain, retire, and rehome Thoroughbreds using industry-wide funding. Along with continued funding from its original partners Breeders' Cup, The Jockey Club, and Keeneland Association, the TAA is supported by owners, trainers, breeders, racetracks, aftercare professionals, and other industry members. Since inception in 2012, the TAA has granted more than $28.1 million to accredited aftercare organizations. Currently 81 aftercare organizations comprised of approximately 180 facilities across North America have been granted accreditation. To learn more about the TAA, visit ThoroughbredAftercare.org.

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