Gaming Commission

Having received a report from the NYS Gaming Commission Equine Drug Testing laboratory of the finding of Flunixin in the body fluid sample taken from the horse “Ecoach,” which finished first in the 8th race on Monday, October 14, 2013, Owner/Trainer Luis Gutierrez is suspended for 15 calendar days effective Saturday, November 9, 2013 through Saturday, November 23, 2013, inclusive, and fined $1000.

 

Furthermore, the Stewards order “Ecoach” disqualified from any part of the purse and order it be redistributed as follows:

 

During his period of suspension, Owner/Trainer Luis Gutierrez shall not directly or indirectly participate in New York State pari-mutuel horse racing and is denied privileges and use of the grounds of New York State race tracks and he shall be forbidden to participate in any share of purses.  In addition; every horse shall not participate in pari-mutuel racing that is (A) owned by respondent Luis Gutierrez, no individual shall continue to serve as his agent or employee during his period of suspension, or (B) for which he directly or indirectly makes or executes, during his period of suspension, any arrangement with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to, employ workers or otherwise handle.

 

Having appealed, a stay is granted  for 90 days for Owner/Trainer Luis Gutierrez  to complete his appeal hearing and, should he do so within 90 days of this ruling, for such time as the commission takes to decide his appeal.  If he fails to complete the evidentiary hearing within 90 days of this ruling, however, then this stay will expire and his penalty will begin. Luis Gutierrez may seek an additional stay for good cause shown by filing a motion for another stay with the Secretary of the Gaming Commission.