Owner Loses Purses in New Mexico Misidentification Case

The Sunland Park board of stewards handed down four rulings Feb. 21 that require New Mexico owner Mark Dyer to return $23,860 in purses earned by his runner Spirita, who had been tattooed incorrectly and raced as "Aim Happy." Spirita was also disqualified from two wins and a second at Sunland and Zia Park.

Dyer attended by phone a hearing before the Sunland Park board of stewards Feb. 12 to give testimony and hear the facts presented by racing commission investigator Elizabeth Garcia.

Aim Happy and Spirita were both under the care of trainer Justin Evans when they were tattooed as 2-year-olds. Aim Happy was tattooed as "Spirita" and Spirita as "Aim Happy." The rulings are related to four starts made in 2018-19 by Spirita as "Aim Happy." Meanwhile, Aim Happy racing as "Spirita" made one start in 2018 and was unplaced.

Spirita is a 7-year-old mare by Ghostzapper   out of the stakes-winning Cryptograph mare Cryptic Message . Bred by Spendthrift Farm, Spirita sold during the 2018 Barretts Equine Limited Spring Sale of 2-Year-olds in Training for $18,000 to Larry and Denise Nichols' UKUSA Stables. Dyer bought Aim Happy at the same sale, paying $10,000 for the daughter of Astrology.

Spirita went on to race from 2 to 4, making 12 starts and compiling a record of 2-3-1 with $27,605 in earnings.

Of her starts in question, Spirita ran in a six-furlong maiden special weight at Zia Park Dec. 10, 2018, finishing first and earning $16,800. Next out Jan. 27, 2019, she contested the 6 1/2 furlong Borderplex Stakes at Sunland Park, finishing seventh. Three months later, she ran April 23 in an $8,000 claiming race at Sunland Park, finishing second and earning $1,840. The following month she competed in a $5,000 claiming race at Sunland Park, earning $5,220 after winning the 5 1/2 furlong dirt race by three lengths.

Her next eight starts between Arizona Downs, Turf Paradise, and Arapahoe Park never produced a win. She ran her final career start Aug. 4, 2020, at Arapahoe. The error was discovered after the Nicholses bred "Spirita" to Hollywood Don  and tried to register her 2020 filly named Louella. It was discovered the dam was actually Aim Happy. The Nichols now own both mares.

Dyer is required to repay these purses to their respective bookkeeping offices by May 22.

MITCHELL: Evans Accepts $15,000 Fine for Horse Tattoo Mix-Up

Evans, who had the horses in his care when the tattoo procedure took place, accepted a $15,000 fine for the mix-up from Sunland Park stewards Jan. 24. This was not the first time the trainer was involved in a horse misidentification. In August of 2021 he was fined $5,000 and suspended 15 days after two horses in his stable ran with the wrong saddle cloth numbers at Downs at Albuquerque.