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New Jersey Commission Issues Fines, Suspensions To Trainers Potts, Lucas, Richards

The New Jersey Racing Commission issued a bevy of suspensions and fines on Friday, Jan. 21, according to the Association of Racing Commissioners International's regulatory page, including for trainers Wayne Potts, Bonnie Lucas, and Marvin Richards.

Trainer Marvin Richards was issued a $5,000 fine and suspended for one year (May 7, 2022 through and including May 6, 2023) for a post-race test of Awesomenewyear, winner of the sixth race at Monmouth Park on Sept. 3, 2021. The post-race sample was positive for oxazepam (a sedative designed to treat anxiety, anxiety with depression, and symptoms of alcohol withdrawal) and ibuprofen (a nonsteroidal anti-inflammatory), a violation of N.J.A.C 13:70-14A.1(b) (substances foreign to the natural horse) and 13:70-14A.6 (absolute insurer rule).

Awesomenewyear was disqualified from that victory, and the Horseman's Bookkeeper was ordered to redistribute purse money. Richards incurred 2.5 multiple medication violation points.

Trainer Wayne Potts and his assistant Bonnie Lucas were each fined $1,000 and suspended for 30 days (from May 7, 2022 through and including June 5, 2022) over a ruling initially issued on Sept. 18, 2021. The text for that ruling indicates that Potts' trainee Chispita finished second in the fourth race at Monmouth Park on Aug. 6, 2021, and the state veterinarian ordered that that she be vanned off the track in the equine ambulance. Potts ordered his licensed assistant, Bonnie Lucas, to not allow the horse to be vanned off. The state veterinarian voided a claim on Chispita for that Aug. 6 race; the filly has not run since.

The fine and suspension stem from violations of the following rules:

N.J.A.C. 13:70-1.15 – The stewards may fine, suspend or rule off any person who in their opinion has acted to the detriment of racing or violated the rules.
N.J.A.C. 13:70-14.13 – Every association, all officials and employees thereof, and all persons licensed in any capacity by the Commission shall give every possible cooperation, aid and assistance to any department, bureau, division, officer, agent or inspector, or any other person connected with the United States Government, or with the State of New Jersey, who may be investigating or prosecuting any matter involving a violation of any law, or any rules or regulations of the Commission. Failure to cooperate will subject the person or persons involved to a fine, suspension or both.

Additional rulings included:

A $1,000 fine issued to trainer Peter Walder after Briella's first-place finish in the seventh race on Sept. 4 at Monmouth. The post-race sample showed the presence of aminocaproic acid (Amicar); Briella was ordered disqualified.
A $500 fine issued to trainer Jose D'Angelo after his trainee Avenida Manana' first-place finish in the seventh race on Sept. 18 at Monmouth. The post-race sample showed the presence of 5-hydroxydantrolene (dantrolene), and was ordered disqualified.

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Montalvo, Lopez Suspended for Whip Use at Monmouth

Jockey Carlos Montalvo, who used his whip when aboard M I Six (Mission Impazible) in a July 11 race at Monmouth, was handed a five-day suspension and a $500 fine Friday by Monmouth stewards for violating the controversial regulations that largely ban the use of the crop in all thoroughbred races in New Jersey. Montalvo was suspended despite his claims that he felt it was necessary to go to the whip because of safety concerns aboard a horse who was bearing out on the far turn. New Jersey's regulations allow for a jockey to use the whip for corrective measures when he or she feels the crop is needed for safety related issues.

The stewards apparently did not accept Montalvo's claim that his safety was in danger. The New Jersey Racing Commission does not permit its stewards to speak to the media and the commission itself does not normally returns calls from the press. As of the deadline for this story, the racing commission had not returned a call from the TDN seeking comment and clarification on the Montalvo situation.

Montalvo's suspension is set to begin August 24, but his attorney, Drew Mollica, said the jockey plans on filing an appeal.

In a related development, it has been learned that the stewards issued another five-day suspension for use of the whip when setting down jockey Carlos E. Lopez for his ride in another July 11 race. Lopez was clearly using his whip to urge his horse and will not be contesting the ruling. Lopez was suspended on July 18.

To date, there has also not been a word on the status of jockey Flavien Prat, who could be facing a suspension after he was disqualified aboard Hot Rod Charlie (Oxbow) after crossing the wire first in the GI Haskell S. Hot Rod Charlie may have come over in the stretch, causing Midnight Bourbon (Tiznow) to clip heels with his rival. Aboard Midnight Bourbon, jockey Paco Lopez was thrown to the track but was not seriously injured.

Despite the new whipping rules, the first six weeks of the meet were largely uneventful and there were no incidents that led to the stewards suspending a rider. That all changed in the first race on July 11 when Montalvo clearly struck his mount three times with a right-handed whip. It also appeared that the horse, described as a “terribly mannered horse” by Montalvo's agent, Doug Hatten, was attempting to get out. M I Six eventually straightened himself out and went on to win the races at odds of 28-1.

Shortly after learning of the ruling, Mollica lashed out at the New Jersey Racing Commission.

'This suspension is contrary to everything that this rule is supposed to stand for,” he said. “Montalvo acted properly. He used the whip in an emergency situation to protect himself, his fellow riders, the horse and the betting public. His actions were exactly what this rule was created for. To now sanction him shows the hypocrisy of this racing commission and we intend to appeal this to a fair judge who understands that his use of the crop was proper in an emergency situation. The proof is in the pudding. Look at what happened in the Haskell when the jockey did not use his whip to protect the safety of another rider. A jockey in an emergency situation has to be given the benefit of the doubt. His use of the whip prevented a catastrophe and to now try to suspend him is not only hypocritical it is dangerous.”

Mollica said the appeal will be go to an administrative law judge.

In his first ride ever at Monmouth, Lopez was aboard Venezuelan Talent (Outwork) in a maiden special weight race. He had a narrow lead in the stretch before being confronted on the outside by the eventual winner Emirates Affair (Handsome Mike). Lopez went to the whip in an obvious attempt to encourage the horse. He finished second behind Emirates Affair.

Lopez's agent, Kevin Witte, said that his rider accepted responsibility for his actions, but added that his unfamiliarity with Monmouth and the rules were factors.

“It was the first time the rider rode there and he does not speak any English,” Witte said. “He was told in Spanish by another rider not to hit the horse. He understood but he carried the stick to be safe. Coming down to the wire he was in front, he felt pressure from the outside and he reacted. Jockeys have a habit of riding the way they ride. He understood the rule, but they were coming down to the wire, he was in front, felt pressure from the outside. It was just a mistake. He was used to whipping coming to the wire. He came back and said, 'I messed up. I apologize.'”

Lopez's suspension will begin July 24 and run through July 29.

Without access to the stewards or the racing commission, the TDN was not able to determine whether or not Venezuelan Talent and M I Six were disqualified from purse money because of the whipping.

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Caballero Suspended for Whip Infraction at Parx

Parx Racing suspended jockey Hector Caballero for 10 days because of his “misuse of the riding crop” after the finish of the 10th race at Parx July 27. The incident occurred aboard Belongs to Babe in a maiden for fillies 3-year-old’s and up. On the date in question, Caballero and Belong to Babe crossed the wire in second behind Solid Gold Dancer, who was subsequently disqualified for interference with another rival. During the gallop out, Caballero struck his mount on the shoulder, which is in violation of the State’s recently implemented rules relating to whip use.

Following a July 30 hearing, the Pennsylvania State Horse Racing Commission stewards issued the ruling Aug. 3. The suspension is to run from Aug. 6-15.

Among the rules deemed by stewards to have been violated by Caballero:

“Prohibited use of the riding crop includes but is not limited to striking a horse: During the post parade or after the finish of the race except when necessary to control the horse.”
The stimulus provided by the use of the riding crop shall be monitored by the Stewards at all times so as not to compromise the health, safety and welfare of the horse.”
“A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission’s rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public’s faith, public perception and confidence in the racing industry.”

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