Gaming Commission

Gaming Commission Rulings Database

Licensee: LUIS A. GUTIERREZ *
Licensed As: OWNER-TRAINER
Notice Number: FL 78-2014
Racing Type: Thoroughbred
Track: Finger Lakes Gaming & Racetrack
Notice Date: 05/14/2015
Ruling Type: Fine & Suspension
Rule(s): 4043.2, 4022.11, 4022.13
Ruling Text:
Having received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of orphenadrine (norlfex) in the body fluid sample taken from the horse “Paddy Kunuckles” (#5) which finished second in the 4th race on November 4, 2014, trainer Luis A. Gutierrez is suspended for 15 calendar days effective Monday, May 18, 2015 through Monday, June 1, 2015.  Trainer Gutierrez is also fined $500.  
 
In a previous ruling dated December 5, 2014 “Paddy Kunuckles” was disqualified from the purse and the purse redistributed.
 
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 this is (A) owned by respondent L. 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.
 
PREVIOUS RULING
Having received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of orphenadrine (norlfex) in the body fluid sample taken from the horse “Paddy Kunuckles” (#5) which finished second in the 4th race on November 4, 2014, trainer Luis A. Gutierrez is suspended for 15 calendar days effective Monday, May 18, 2015 through Monday, June 1, 2015.  Trainer Gutierrez is also fined $500.  
In a previous ruling dated December 5, 2014 “Paddy Kunuckles” was disqualified from the purse and the purse redistributed.
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 this is (A) owned by respondent L. 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 received a report from the NYS Gaming Commission Equine Drug Testing Laboratory of the finding of orphenadrine (norlfex) in the body fluid sample taken from the horse “Paddy Kunuckles” (#5) which finished second in the 4th race on November 4, 2014, trainer Luis A. Gutierrez is suspended for 15 calendar days to be assessed in the spring of 2015, when Finger Lakes Race Track resumes 5 days a week racing, trainer Gutierrez is also fined $500.  
Further the Stewards disqualified “Paddy Kunuckles” from any part of the purse and redistribute the purse as follows:
      1. (#2B) Winning Pal
      2. (#6) Beat of the Drum
      3. (#8) Nothing But Power
      4. (#3) Wise Guide
      5. (#1) Commodus
      6. (#2) Stage Debut
      7. (#4) Retired
      8. (#1A) Roaring Conquest
      9. (#7) Charlie’s Punch
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 this is (A) owned by respondent L. 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.
 
Suspended: 05/18/2015 to 06/01/2015 (15 days)
Fined: $500.00

Note that the above data is current as of 6:10 PM EDT, Wednesday, May 01, 2024 and subject to change as more information becomes available.

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