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Licensee: DENNIS M. WASHINGTON
Licensed As: Owner, Trainer, Provisional Driver
Notice Number: MR 29-2019
Racing Type: Harness
Track: Monticello Raceway & Mighty M Gaming
Notice Date: 05/26/2020
Status: CLOSED
Ruling Type: Finding & Order
Rule(s): 4119.9 (A)
Ruling Text:
For the following violations, you, harness trainer Dennis Washington, are fined $2,000.00 and suspended 730 days. You are expelled from all harness race tracks in New York State, whether as a licensee, participant or patron, until such time that your suspension and fine has been fully satisfied:                                                          
                    • On or about April 11-16, 2019, you mistreated and endangered the horse, “WELLWESAID,” which you were training, and your experience, character and general fitness are such that your participation in racing is inconsistent with the public interest, convenience or necessity and with the best interest of racing generally, in violation of Racing, Pari-Mutuel Wagering and Breeding Law ("RWL") #309(2), Agriculture and Markets Laws  § 353 and § NYCRR § 4105.8, 4119.7(b), 4119.10, and 4120.4(a), in that, after the horse raced on April 11, 2019, an unqualified, non-veterinarian dangerously and recklessly injected the area of the left front hoof of the horse, which became infected and resulted in the horse's death by euthanasia on April 16, 2019, and you failed to guard the horse and knowingly caused and permitted this unsafe and dangerous treatment of the horse.
                    •  On or about April 11-16, 2019, on the premises of Monticello Raceway, a licensed harness racetrack, while neither a veterinarian, nor having written permission from the judges, you or someone acting as permitted and directed by you, possessed equipment usable for hypodermic injection or other infusion into a horse, in violation of  § NYCRR §§4120.6(a)(1) and 4119.10, to wit, a person who was not a veterinarian used a needle and syringe to inject the horse “WELLWESAID,” in the area of the left front hoof
                    • For a period of time before April 16, 2019, you falsely and fraudulently obtained or attempted to obtain payments for training expenses from Michael Molotschko, owner of the horse “BILLY BUTTON,”, after you had sold and were no longer training the horse, in violation of Racing, Pari-Mutuel Wagering and Breeding Law ("RWL") §309(2), Penal Law  §§ 155.05(2)(a) and 155.30(1), and §  § NYCRR#'s 4101.2, 4102.5, 4119.7(a)(3) and/or 4119.9(a).
                    • In the Period of time before April 16, 2019, you sold the horse “BILLY BUTTON,” without authorization from the owner for whom you were training the horse, and you have failed and refused to disclose who has the horse, which had deprived the owner of his rightful possession and use of the horse, in violation of Racing, Pari-Mutuel Wagering and Breeding Law ("RWL") #309(2) and § NYCRR  §  §  4102.5 or4119.0(a).
                    • From April 16, 2019, to date, you have acted with financial irresponsibility and your experience, character and general fitness are such that your participation in racing is inconsistent with the public interest, convenience or necessity and with the best interest of racing generally, in violation of Racing, Pari-Mutuel Wagering and Breeding Law ("RWL")  § 309(2) and § NYCRR #4102.5 or 4119.9(a), in that, you have failed and refuse to provide an adequate and complete accounting to horse owner Michael Molotschko about the disappearance of his horse “BILLY BUTTON,” which he  had entrusted to your care and safekeeping as his trainer.
                    • On April 26 and thereafter, you have repeatedly failed and refused to cooperate in an investigation of the aforesaid matters when directed, requested and ordered to do so by the Commission officials, in violation of § NYCRR  § 4119.7(d) and 4119.8 (g), to wit, you failed without notice to appear for an interview scheduled with Chief of Racing Investigations Daniel Haughney on April 26, 2019; you failed without notice to appear to testify or respond to a Subpoena Duces Tecum issued by Chief Inv. Haughney that was returnable an May 3, 2019; and you thereafter have failed and refused to answer or otherwise respond to numerous phone calls and texts to you from Chief Inv. Haughney. Among other things, you have failed to provide information that shows:
                          • the date that you sold the horse “BILLY BUTTON;”
                          • the name of the person who bought the horse “BILLY BUTTON;”
                          • whether you were paid in cash or otherwise;
                          • the person who delivered the horse “BILLY BUTTON,” to the new owner;
                          • where the horse was delivered to the new owner;
                          • any contact information the Commission may use to reach the new owner of “BILLY BUTTON;”
                          • any texts or other recorded communications between you and any owners of “BILLY BUTTON;”
                          •  any medical history of the horse “WELLWESAID;”
                          • any medical issues the horse “WELLWESAID,” had;
                          • when a medical issue first appeared after the horse raced on April 11, 2019;  
                          • the place where each veterinarian examined or treated the horse “WELLWESAID,” after April 11, 2019; and
                          • the named of any person who treated or injected the horse “WELLWESAID,” after April 11, 2019, and whether the person was a veterinarian.                                                       
 
                    • On April 23, 2019, on the premises of Monticello Raceway, a licensed harness racetrack, and while neither a veterinarian nor having written permission from the judges, you possessed equipment usable for hypodermic injection or infusion into a horse in violation of § NYCRR  § 4120.6(a)(1), to wit, you had and possessed in your vehicle on the premises of Monticello Raceway two injectable bottles and numerous albuterol capsules usable for such purpose, a catheter needle, and two needle tips.                
 
 During your period of suspension, you shall not directly or indirectly participate in the New York State pari-mutuel horse racing, you shall be denied the privileges and use of the grounds of New York State racetracks, and you shall be forbidden to participate in any share of purses. In addition, every horse shall be denied the privileges of the grounds and shall not participate in pari-mutuel racing (1) that is owned or trained by you during your period of suspension, (2) that is owned or trained by any individual who continues to serve as your agent or employee during your period of suspension, or (3) for which you directly or indirectly make or execute, during your period of suspension, any arrangements with an owner or other person to care for, train, enter in a race, invoice, collect fees or other payments related to employ workers for, or otherwise handle. This shall not preclude your pre-suspension agents or employees, who are not serving as such during your suspension period, from participating in pari-mutuel racing as owners or trainers provided that they are duly licensed and perform their duties in compliance with the rules and regulations of the State of New York.
 
6/27/2019 - Having appeared and filed an appeal, your 730 day suspension is stayed, pending final determination of the Commission. However, the $2,000.00 fine must be paid in 30 days from today, 6/27/19, per rule 4102.4 .
 
****SUBSEQUENT HISTORY***
 
Harness trainer Dennis Washington (“Respondent”) requested a hearing in regard to Notice MR 29-2019, which had suspended his license for two years and fined him $2000 for the improper treatment and endangerment of the horse Wellwesaid; the unauthorized sale and disappearance of another horse that he trained, Billy Button; his refusal to divulge and account to the horse’s owner for what happened to Billy Button; his billing for training Billy Button for several weeks after the horse left his stable; his unlawful possession of drug paraphernalia on the grounds of Monticello Raceway; and his failure and refusal to cooperate and provide answers during the agency investigation.
 
Respondent received proper notice but failed to appear at a hearing scheduled for Days Certain of December 19 and 20, 2019. The Hearing Officer found that Respondent had sufficient notice and was in default and permitted counsel for the New York State Gaming Commission (“Commission”) to present the evidence against Respondent and advocate for a greater penalty on December 19, 2019. Respondent asked to reopen the matter in January 2020, which the Hearing Officer denied and rendered her report on February 18, 2020, which is attached and incorporated herein.
 
THE COMMISSION met on May 19, 2020 and after due deliberation adopted the Hearing Officer’s findings of fact and conclusion of law.
 
THEREFORE, upon the record, the Report of the Hearing Officer, and the findings and conclusions adopted herein, it is
 
ORDERED, Respondent Dennis Washington is fined five thousand dollars ($5,000) and his occupational licenses to participate in harness racing are revoked for a minimum period of ten years for having committed all the alleged violations of Racing, Pari-Mutuel Wagering and Breeding Law section 309(2), Agriculture and Markets Law section 353, Penal Law sections 155.05(2)(a) and 155.30(1) and Commission regulations codified at 9 NYCRR §§ 4102.2, 4102.5, 4105.8, 4119.7(a)(3), 4119.7(b), 4119.7(d), 4119.8(g), 4119.9(a), 4119.10, 4120.4(a) and 4120.6(a)(1), an upward modification of the recommended penalty that is warranted by his prior record and the severity of his misconduct, and
 
ORDERED, that during the period of his revocation, Respondent Dennis Washington shall not directly or indirectly participate in New York pari-mutuel horse racing, he is denied the privileges and use of the grounds of all racetracks, and he is forbidden to participate in any share of purses or other payment. Every horse is denied the  privileges of the grounds and shall not participate in pari-mutuel racing in New York, further, that is (a) owned or trained by him, or any individual who serves as his agent or employee, during his revocation; or (b) for which he, during his revocation, is involved, directly or indirectly, with its training, including but not limited to any arrangements made to care for, train, enter, race, invoice, collect fees or payments, manage funds, employ or insure workers, provide advice or information, or otherwise assist with any aspect of the training of the horse.

Note that the above data is current as of 4:42 PM EDT, Friday, April 26, 2024 and subject to change as more information becomes available.

The New York State Gaming Commission takes reasonable measures to ensure that the data and information on this website is accurate and current. However, the Commission makes no express or implied warranty regarding this information or data and expressly disclaims all legal liability and responsibility to persons or entities who use or access this website and its content.

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