Ron Ellis Seeks Settlement for Drug Sanctions

In an attempt to prevent the disbandment of his stable, lawyers for trainer Ron Ellis have proposed a settlement agreement to the California Horse Racing Board regarding Ellis' sanctions for the drug positive in Masochistic from the 2016 TwinSpires Breeders' Cup Sprint (G1).

The CHRB's decision to suspend Ellis 60 days and fine him $10,000 came down Dec. 17, and attorney Steve Schwartz said Dec. 20 that the proposed settlement would cut the suspension to 59 days, in exchange for 12 months of probation.

BALAN: Ellis Suspended, Fined for Masochistic BC Drug Positive

The one-day drop is important, as a 60-day suspension requires that a trainer's stable be disbanded. Schwartz said the motivation for the proposal was to save the jobs of the 15 workers Ellis employs at his Santa Anita Park base.

"The target is to not to throw 15 innocent, hard-working people out of jobs," he said. "Many of them live on the grounds, so if they don't have a job, they won't have a place to live. ... Frankly I'm hopeful that they'll be some sympathetic ears (at the CHRB), to give up one day for one year of probation, to keep these people working."

According to CHRB spokesman Mike Marten, the board is working toward a response to Schwartz's proposed settlement. To get approval, the settlement proposal would require a full vote from the CHRB and could not be handled only by CHRB chairman Chuck Winner, Marten said.

"The board has received the request from Mr. Schwartz and they are in the process of responding to Mr. Schwartz," Marten said.

Schwartz said he has filed the paperwork required should Ellis choose to appeal the sanctions, but that would only be considered if the CHRB denied his settlement offer. Schwartz also indicated an aspect of the proposed settlement is that Ellis would waive his right to appeal.

Masochistic was disqualified from his second-place finish in the Sprint after a post-race test, which discovered 30 picograms per milliliter of the anabolic steroid stanozolol and 161 picograms of its metabolite 16-hydroxy stanozolol. On Oct. 28 of 2016, eight days before the Breeders' Cup Sprint, Masochistic had a test that showed 179 picograms of stanozolol and 252 picograms of 16-hydroxy stanozolol. A picogram is one trillionth of a gram.

The CHRB ultimately decided on the 60 days of suspension and $10,000 fine (the maximum based on guidelines for the type of drug infraction in the state), based on a recommendation from the board of stewards at Santa Anita. After conducting hearings beginning in May, stewards Grant Baker, Scott Chaney, and Kim Sawyer recommended the maximum penalty (although it was less than what was sought by the state), because they found the fact that Ellis "knew the risk" from the Oct. 28 test "and decided to run his horse despite that risk," was "extremely aggravating."