joe moore | Horse Racing Free Tips

Mountaineer Jockey Fined $100 for Striking Horse in Face

Jockey Jose A. Leon has been fined $100 for hitting a horse in the face during training hours at Mountaineer Park.

According to a Mountaineer stewards' ruling, “Mr. Leon was caught striking a horse across the face on Sunday, Sept. 10, 2023, during morning exercising.”

The ruling didn't specify whether Leon struck the horse with his whip or his hand.

Joe Moore, the executive director of the West Virginia Racing Commission, wrote in an email that he did not have any details about the incident beyond what the Mountaineer stewards stated in the ruling.

Leon, 24, represented himself at a Sept. 18 stewards' hearing, according to the ruling. Moore told TDN Leon has not appealed, but is still within his 20-day window to do so.

Leon, who has been a licensed jockey since 2018, has compiled a 38-for-304 record so far this year, riding in West Virginia, Ohio, Arizona, and in the mid-Atlantic region.

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West Virginia Derby Switches to Sunday This Season

Mountaineer Park's premier stakes, the GIII West Virginia Derby, will shift to the first Sunday in August with a later post time this year in an effort to make the $500,000, nine-furlong race for 3-year-olds better stand out against national simulcast competition.

The West Virginia Derby, plus the supporting GIII $200,000 West Virginia Governor's S. at 1 1/16 miles for 3-year-olds and up, will now be carded Sunday, Aug. 6, after the track received unanimous permission for that change at Tuesday's West Virginia Racing Commission (WVRC) meeting.

The purses for both stakes remain level from last year.

Jim Colvin, Mountaineer's racing director, detailed to commissioners the reasons for the switch.

“This year, we are requesting to run our Derby on Sunday versus Saturday [because] we are trying to stay off the Grade I races [at competing tracks] on Saturday. I know there was some problems in the past about races overlapping, That was one of the reasons,” Colvin said.

In 2022, the West Virginia Derby went off at 5:56 p.m. Eastern, just seven minutes after Saratoga's GI Whitney S., the nation's marquee race that Saturday. In 2021, the West Virginia Derby went off a 5:39 p.m., 11 minutes ahead of the 5:50 p.m. Whitney.

“We are also changing the [first] post time to 5 p.m. instead of the normal 2 p.m. post time on Derby day,” Colvin continued. “The seventh and eighth races, which would be the Derby and Governor's races, would be close to being in prime time on TVG as well.”

Starting Apr. 30, Mountaineer will race 124 dates on Sundays through Tuesdays, with Wednesdays added June 21-Dec. 13. Colvin said another aim with the switch to Sunday is so bettors don't get caught off guard with the Derby being carded on a non-standard Saturday.

“We felt, honestly, to move back to a [regularly] scheduled race day would [keep customers from] getting confused on what days [we're] racing,” Colvin said.

Also at the Apr. 18 meeting, Mountaineer was unanimously granted approval by the WVRC to be reimbursed out of the capital improvement fund for two recentl projects.

One was a $44,000 main track sand upgrade project. Ironically, even though West Virginia is one of two states (along with Louisiana) that is under a federal injunction that will keep the Horseracing Integrity and Safety Act (HISA) Authority's rules from being implemented until a lawsuit challenging the constitutionality of HISA gets decided in full, Mountaineer has opted to abide by one of the HISA standards regarding track safety in case that injunction expires during the running of the upcoming meet.

WVRC executive director Joe Moore explained it this way: “In the Racetrack Safety Program, HISA requires the racetracks to replace and regrade their sand on an annual basis. Mountaineer, even though we're not under HISA, saw this as a safety issue and wanted to go ahead and complete it before the start of this racing meet, in the chance that HISA would come into effect in West Virginia [sometime] during their meet and require them [to either do] this or stop racing until it's completed.”

Colvin pointed out that Mountaineer totally replaced its main track two years ago, so the project recently completed this spring was more along the lines of routine maintenance to ensure a 5 1/2-inch uniformity of the top layer.

“At whatever point we do fall under {HISA's rules], this is basically a project that's going to have to be done annually to meet their requirements,” Colvin said. “When you have rain, some of the track ends up [washed] between the main track and the turf course. Therefore, the sand has to be replaced. We just put 300-some tons of sand on the track when we did this. It was low in some places [and] we had to add the material to get the surface consistent with the other parts of the track.”

The WVRC also approved a $79,620 capital improvement reimbursement for a rebuilt outdoor viewing deck.

“Mountaineer Park, on their apron, they have a very large deck for viewing the races,” Moore explained. “This year, the deck was in such poor shape that it was necessary, before patrons [could use it], to tear it down and replace it.”

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Charles Town Requests 15 Fewer Dates in ’23

Charles Town Races on Tuesday was approved for a reduction of 15 dates for 2023 compared to its 2022 allotment, with the understanding that the 164-program schedule could be revisited mid-year to include additional dates if finances warrant extra racing.

The awarding of race dates in West Virginia is a somewhat confusing several-step process bound by a state statute that requires Charles Town to apply for 220 programs every year. The state's other Thoroughbred track, Mountaineer Park, is required to apply for 210 dates.

But what has ended up happening in recent seasons is that after the initial approvals of 220 and 210 dates by the West Virginia Racing Commission (WVRC), both venues have subsequently come back before the commission to ask for reductions that reflect what each track and its respective Horsemen's Benevolent and Protective Association (HBPA) think is a workable schedule based on available purse funds.

At the Nov. 14 WVRC meeting, Mountaineer was granted additional approval to reduce its schedule to 124 dates in 2023, a six-program cutback from the 130 that the track was awarded in 2022.

Also at that Nov. 14 meeting, WVRC executive director Joe Moore noted that Charles Town was approved for 179 programs in 2022.

But at the Dec. 20 meeting, Moore said that Charles Town ended up racing just 173 dates because of cancellations during the 2022 season just completed Dec. 17.

So prior to the 3-0 unanimous vote by commissioners Tuesday, Charles Town's revised 164-date request was framed by Moore as a nine-date reduction based on the actual number of programs.

But as per the 179-date allotment he had previously stated in November, it's a parsing of 15 cards.

“The request comes with the agreement [by] the racetrack and the HBPA that they will meet in July to revisit their live race schedule and their available purse monies to assess whether there is a possibility of adding any days towards the end of the calendar year,” Moore said.

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Mountaineer To Race Six Fewer Days in 2023

Mountaineer Park was granted approval on Monday by the West Virginia Racing Commission (WVRC) to race 124 dates in 2023, a six-program reduction from the 130 that the track is scheduled to race this year during its April-through-December meet.

Speaking about the loss of race dates, WVRC executive director Joe Moore said, “I'm told that is as a result of the Horse Racing Integrity Authority (HISA) and Horseracing Integrity and Welfare Unit (HIWU) assessments recently received by the commission and the racetracks for calendar year 2023.”

Mountaineer executives were offered the opportunity to elaborate on that reasoning and the dates cutback, but chose not to speak during the Nov. 14 meeting.

The HISA and HIWU assessments were separately discussed at length during a different portion of the meeting. TDN covered that topic here.

The awarding of race dates in West Virginia is a somewhat confusing two-step process bound by a state statute that requires Mountaineer to apply for 210 annual dates and Charles Town Races to apply for 220.

But in actuality, those quotas haven't been met “in a number of years” because of the logistical difficulties of filling that many cards, Moore said.

Moore explained that to comply with the law, tracks must first apply for the statutory minimum, then come back to the commission with a reduction request. After a 10-day public commentary period, if each track's horsemen's organization and tellers' union do not object, the WVRC can vote to reduce the dates.

So Mountaineer did both steps at Monday's meeting. Charles Town only applied for the 220 minimum, and will presumably be back before the board at a future meeting to ask for its traditional reduction.

Moore said Charles Town, which races year-round except for a brief break in December and January, had asked for 179 dates in 2022, but will likely end up racing only 175 by year's end because cancellations.

Charles Town executives were also offered an opportunity to outline the track's 2023 dates strategy, but declined to speak.

Chairman Ken Lowe Jr. and commissioner J.B. Akers voted in the affirmative on the two statutory requests and Mountaineer's reduction request. Commissioner Tony Figaretti voted “no” on all three counts.

“I'm not happy with it,” Figaretti said. “We're always deducting days, deducting days. It's too hard for me to accept that.”

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