New Jersey Trainer Hit With Two-Year Suspension After Horse Dies of Clenbuterol Overdose

Trainer Cody Axmaker has been handed two consecutive one-year suspensions and fined $5,000 by the New Jersey Racing Commission after a horse he trained named Wishful (Storm Wolf) died on or about May 9 at Monmouth Park due to an apparent overdose of Clenbuterol. He was suspended one year for possessing a prohibited substance in Clenbuterol and a second year for failing “in his duty as trainer to protect and guard the horse Wishful against the administration of the prohibited substance.”

The suspension is set to begin May 7, 2022 and continue through May 6, 2024 and comes after Axmaker appeared before the Monmouth Park stewards Dec. 7. Axmaker has appealed the decision.

The story was first reported by the Blood-Horse.

Axmaker has maintained that the incident was an accident and the result of a container of Clenbuterol being mislabeled as aloe vera. According to the ruling from the New Jersey Racing Commission, Axmaker instructed a stable employee to administer aloe vera to the horse Wishful on or about May 4, 2021. The commission maintains that Wishful died about five days later as a result of the Clenbuterol overdose.

Axmaker said that Wishful was not the only horse accidently given the Clenbuterol and that the others recovered.

Maintaining his innocence, Axmaker took to Facebook to explain his side of the story.

“Sometimes accidents happens and, unfortunately, a life was lost because of it,” his Facebook post begins. “Anyone that knows me knows my horses are like my family to me and the last thing I want to do is hurt them.”

He continued: “Last May I headed for Monmouth which was an 18hr straight haul. I had half of my stable already there with two of my employees. We unloaded my horse trailer as the rain was falling. We had a group of people unloading my belongings into the tack rooms. A container of clenbuterol I used at other tracks to clean up lungs I had stored in my horse trailer was accidentally unloaded and later that evening was misjudged for aloe Vera juice by one of my employees as I left them responsible for feed time that day. Which I never do, but after an 18hr straight haul all you want to do is rest. One of my 15 horses who received this ended up colicing and was treated heavily for days and later lost her life because of this. I feel horrible this all happened as my employee who administrated it did as well. Now I'm facing the consequences of a two year sentence and a $5k fine for a complete accident I did not commit! Just so all you know the truth.”
Clenbuterol is among the more controversial drugs in the sport. It can be used to deal with respiratory problems, but also has properties that act like steroids.

Axmaker, 33, is currently racing at Tampa Bay Downs. He has 117 career wins and was 1-for-38 last year at Monmouth.

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Pimlico Surface Examination on Target for Apr. 17-19

The Maryland Jockey Club has confirmed that maintenance work on the dirt surface at Pimlico Race Course will begin Easter Sunday, Apr. 17, with plans to reopen the track for training Wednesday, Apr. 20.

MJC Acting President and General Manager Mike Rogers said a favorable weather forecast will allow the project to proceed at the preferred time rather than the following week. The track maintenance crew each year has examined the Pimlico surface prior to the May race meet and last year repaired the base in specific areas.

Traditionally, there is no training on Easter Sunday at Pimlico and Laurel Park. Rogers and Track Superintendent Chris Bosley earlier said the project, which entails an examination of repairs made to the Pimlico surface last spring, would take about three days.

The Pimlico spring meet begins May 8 and concludes May 31.

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Malavath Pointing Towards Newmarket Classic Challenge

Trainer Francis Graffard has indicated that Malavath (Ire) (Mehmas {Ire}) is on course for the QIPCO 1000 Guineas at Newmarket on May 1 following her victory in last week's G3 Prix Imprudence.

The Tally-Ho Stud-bred filly is owned by Everest Racing, David Redvers and Barbara Keller, and she enjoyed a successful juvenile campaign, winning the G2 Criterium de Maisons-Laffitte before travelling to California to finish runner-up to Pizza Bianca (Fastnet Rock {Aus}) in the GI Breeders' Cup Juvenile Fillies Turf. Behind her in fourth that day was Cachet (Ire) (Aclaim {Ire}), who booked her own passage to the Guineas when winning Tuesday's G3 Nell Gwyn S. at Newmarket. 

Graffard said of Malavath, “We were very impressed with her comeback, she did it nicely and everything is fine with her. She is better on better ground but she has just shown that she's a very good filly.

“At the moment we are leaning towards the 1000 Guineas at Newmarket, there are some trials in England, Ireland and France again this week so we will decide after that, but that is the main option.”

The trainer also confirmed that last year's G1 Champion S. winner Sealiway (Fr) (Galiway {GB}) will run next in the G1 Prix Ganay after finishing second in the G2 Prix d'Harcourt at ParisLongchamp on Sunday.

“I was very pleased with him, he will come on a lot for that,” said Graffard.

Another of his stable stalwarts, The Revenant (GB) (Dubawi {Ire}), has options to run in the G1 Prix d'Ispahan or G1 Lockinge S., having already posted two victories this season. 

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Weekly Stewards and Commissions Rulings, Apr. 5-11

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California

Track: Santa Anita
Date: 04/08/2022
Licensee: Ryan Curatolo, jockey
Penalty: $1,000 fine
Violation: Excessive use of the whip
Explainer: Jockey Ryan Curatolo is fined $1,000.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop – more than six times – third offense within the past sixty days) during the fourth race at Santa Anita Park on April 3, 2022.

Track: Santa Anita
Date: 04/09/2022
Licensee: Wayne Barnett, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Jockey Wayne Barnett who rode Wicked Blue in the sixth race at Santa Anita Park on April 3, 2022, is suspended for 3 racing days (April 15, 16, and 17, 2022) for failure to maintain a straight course in the back stretch and causing interference. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules-Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races.

Track: Santa Anita
Date: 04/10/2022
Licensee: Drayden Van Dyke, jockey
Penalty: $1,000 fine
Violation: Excessive use of the whip
Explainer: Jockey Drayden Van Dyke is fined $1,000.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop–more than six times–third offense within the past sixty days) during the sixth race at Santa Anita Park on April 9, 2022.

Track: Santa Anita
Date: 04/09/2022
Licensee: Brice Blanc, jockey
Penalty: $750 fine
Violation: Excessive use of the whip
Explainer: Official Ruling of the Board of Stewards Santa Anita Park Winter/ Spring Meet (Association) April 10, 2022 (Date) LATS Ruling #88 Jockey Brice Blanc is fined $750.00 for violation of California Horse Racing Board rule #1688(b)(8)(d) (Use of Riding Crop–more than six times–second offense within the past sixty days) during the eighth race at Santa Anita Park on April 9, 2022. *Rule #1532. Fine shall be paid to the Paymaster within seven calendar days from the date of this ruling, or the license of the person upon whom the fine has been imposed shall be suspended.

Track: Santa Anita
Date: 04/09/2022
Licensee: Emily Ellingwood, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Official Ruling of the Board of Stewards Santa Anita Park Winter/ Spring Meet (Association) April 10, 2022 (Date) LATS Ruling #89 Apprentice Jockey Emily Ellingwood, who rode Dutch Bus in the eighth race at Santa Anita Park on April 9, 2022, is suspended for 3 racing days (April 17, 30 and May 1, 2022) for failure to make the proper effort to maintain a straight course in the stretch, causing interference which resulted in the disqualification of her mount from first to second place. This constitutes a violation of California Horse Racing Board rule #1699 (Riding Rules – Careless Riding). Pursuant to California Horse Racing Board rule #1766 (Designated Races), the term of suspension shall not prohibit participation in designated races

Florida

The following was reported on the Association for Racing Commissioners International's recent rulings website.

Track: Gulfstream Park
Date: 03/23/2022
Licensee: James Toner, trainer
Penalty: $1,000 fine and purse money redistribution
Violation: Medication violation
Explainer: Stipulation and Consent Order # 2022-007341 – F.S. 550.2415 Violation = Methocarbamol. Respondent fined $1000, made payable to the board of relief fund established at Gulfstream Park Thoroughbred After Racing Program, Inc. In addition, the Owners agree that they shall return all money that was distributed from the purse to Gulfstream Park Racing Association, Inc.

New York

Track: Aqueduct
Date: 04/07/2022
Licensee: Heman Harkie, jockey
Penalty: Three-day penalty
Violation: Careless riding
Explainer: For having waived his right to appeal Jockey Mr. Heman Harkie is hereby suspended 3 NYRA racing days April 8th 2022, April 9th 2022, April 10th 2022 inclusive. This for careless riding during the running of the 1st race at Aqueduct Racetrack on April 3rd 2022.

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