Gaming Commission Rulings Database
| Licensee: KEVIN R. COLSTON |
| Licensed As: OWNER-DRIVER |
| Notice Number: MO 445-2008 |
| Racing Type: Harness |
| Track: Main Office |
| Notice Date: 11/17/2008 |
| Status: CLOSED |
| Ruling Type: Denial |
| Rule(s): |
| Ruling Text: AFTER CAREFUL CONSIDERATION, YOU ARE HEREBY NOTIFIED THAT THE BOARD REFUSES TO ISSUE YOU A LICENSE TO PARTICIPATE IN RACING IN THE STATE OF NEW YORK, FOR WHICH YOU APPLIED ON 04/19/2008, RECEIPT# VD 1266539, FOR THE FOLLOWING REASONS: YOUR EXPERIENCE, CHARACTER AND GENERAL FITNESS ARE SUCH THAT YOUR PARTICIPATION IN RACING OR RELATED ACTIVITIES WOULD BE INCONSISTENT WITH THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY, OR WITH THE BEST INTERESTS OF RACING GENERALLY. BOARD DETERMINATION AFTER HEARING, OCTOBER 2, 2009, Gail Pronti: Accordingly, the Board makes the following Finding of Fact and determines that the license refusals should be affirmed: 1. At all relevant Kevin Colston was licensed by the New York State Racing and Wagering Board as owner/trainer/driver of harness horses. 2. On October 16, 2006, Kevin Colston was working as a trainer of harness horses, which competed at Monticello Raceway. 3. On October 16, 2006, Perfect Filly a horse trained by Kevin Colston was scratched by him from the 12th race at Monticello Raceway. 4. On October 20, 2006, San Fran Forever, another horse trained by Kevin Colston, was scratched by him from the 8th race at Monticello Raceway. 5. Both horses were “drenched” the day before their respective scheduled races at Kevin Colton’s direction by a non-veterinarian. 6. On October 27, 2006, San Fran Forever was admitted to Pine Bush Equine. 7. Doctors at Pine Bush Equine determined that San Fran Forever was having difficulty breathing because of fluid in the chest putting pressure on the lungs. 8. San Fran Forever expired at Pine Bush Equine from acute respiratory distress. 9. On October 29, 2006, Perfect Filly was admitted to Pine Bush Equine with fluid in the lungs that had to be drained-and also had pneumonia. 10. Perfect Filly was euthanized at Pine Bush Equine. 11. The introduction of fluid into the chest cavity or lungs of these horses caused the severe respiratory trauma and subsequent death of both horses. 12. Kevin Colston is responsible for the sequence of and consequences of the events that resulted in the death of these horses. |
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