COURTS

Prominent horse trainer points to trespassers near Albuquerque racetrack, after racehorse tests positive for meth

Judge allows racing to continue while awaiting disciplinary hearing

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How did the Oklahoma-bred racehorse "Js On Fire" end up testing positive for a trace amount of  methamphetamine after winning second place at the American Quarter Horse Association Racing Challenge at the Downs of Albuquerque on Oct. 19?

His prominent trainer, Michael Wayne Joiner, contends the bay horse may have been inadvertently exposed to the drug by individuals illegally living in horse barns by the Downs track, near Louisiana Boulevard and Central Avenue.

The drug test resulted in Joiner's summary suspension from horse racing in New Mexico until a final hearing that could take up to a year. 

But a state district judge in Albuquerque on Monday issued an emergency temporary restraining order to permit Joiner to keep racing until the New Mexico Racing Commission holds a disciplinary hearing on the merits of the case.

Judge Nancy Franchini concluded that Joiner would suffer "irreparable injury or harm" if the restraining order and temporary injunction weren't issued.

The injunction would not be "adverse to the public's interests and there is a substantial likelihood the Petitioner (Joiner) will prevail on the merits," the judge ruled.

Joiner's attorney Billy Blackburn couldn't be immediately reached for comment Monday afternoon, but his petition seeking Franchini's order says that Joiner has been the trainer for more than 24 world-class owners, including the current chairman of the New Mexico Racing Commission, the former chairman, and the former and current owners of Ruidoso Downs Racetrack. 

He has rarely faced any disciplinary actions for prohibited drug violations, the motion states.

In the case of  Js On Fire, the amount of D-methamphetamine in the horse's blood was confirmed at about .485 nanograms/mg, an amount so small that it is not visible to the naked eye — and has been described by a racing commission veterinarian in terms that one nanogram is like a grain of sand on a beach being cut into 19 separate pieces, the motion stated.

D-methamphetamine is commonly associated with illicit drug use and is often found in illegal street drugs, such as crystal meth.

Richard Bustamante, general counsel for the Racing Commission, told the Journal Monday that though race horses in the past have tested positive for methamphetamine in New Mexico, it was "sheer speculation" to suggest environmental contamination or inadvertent exposure due to human drug use played a role in Joiner's case.

Bustamante said the state argued against the restraining order, saying there was "prima facie" evidence of the drug in the horse's blood. And he said that Joiner shouldn't be treated any differently than any other trainer, noting his association with top racing officials in New Mexico.

"It will just send a very bad signal to the racing community and the public," Bustamante said he told the judge at a hearing Monday.  He said Joiner's connection to "powerful people in the industry" is irrelevant to the facts in the case.

Joiner's motion states that he has won almost all the most prestigious quarter horse races in the United States, including the All-American Futurity, Rainbow Futurity and Derby. As a horse trainer since 1979, Joiner has trained more than 23 of the top quarter horses in the business and frequently races quarter horses in New Mexico, California, Texas and Oklahoman. 

Two weeks after Js On Fire, finished second in the Oct. 19 American Quarter Horse Association Racing Challenge at the Downs of Albuquerque, the New Mexico Racing Commission received notice that the horse tested positive for D-methamphetamine. A Denver laboratory tested the horse's blood.

The racing commission, via the Zia Park Board of Stewards, issued the summary suspension on Oct. 31. That action immediately disqualified him from all horse racing activities in New Mexico and he was "ruled off" of all New Mexico racetracks, the motion stated

"Most importantly however, a summary suspension in one state's racing commission is honored in all racing jurisdictions and therefore Joiner cannot participate in any racing activities in any horse racing jurisdictions in the U.S.," stated Joiner's motion.

At a Nov. 21 hearing, the Zia Park Board of Stewards determined that Joiner should remain summarily suspended.

But he had until Monday, Dec. 29, to meet a deadline for participating trainers at the Remington Park Racetrack in Oklahoma City. That was the deadline by which he had to complete a stall application with a list of all the horses he would bring to the track to compete in the spring meet that starts March 5.

He has about 80 horses available to run at the race meet, which are owned by about 35 different owners. But because of his suspension, he wouldn't have been able to enter any horses before the deadline.

And he would have had to wait to continue racing until a final decision on the merits at a disciplinary hearing that would likely not occur for at least a year.

"Clearly trainer Michael Wayne Joiner is not an immediate danger to the health, safety, integrity or welfare of the horseracing industry," his motion stated.

A suspension would be devastating to his livelihood, his lawsuit stated. 

At the Nov. 21 hearing before the Zia Park Board of Stewards, Joiner said he didn't inject or voluntarily or involuntarily supply the racehorse with methamphetamine, and none of his employees used the illegal drug.

"Joiner stated that the methamphetamine had to be the result of environmental contamination from the Downs of Albuquerque or the number of racetrack employees who handled the horses from the stalls to the racing gates," stated his motion.

All of the owners he trains for are aware of his positive test and none have fired him or asked that their horses be trained by some other trainer, the motion stated.

"To this day, none of the owners that Joiner trains for has asked for his resignation, which should be a testament to the fact that he does not pose a danger to the horse racing industry," the motion states.

Environmental contaminants include substances of human use and addiction which may be found in the horse due to its close association with humans. Inadvertent exposure to human drug use is a factor that should be considered in mitigation.

The motion cited "reports" indicating that in October 2022 "a New Mexico State Police video revealed an ongoing problem for the Downs at Albuquerque that showed people illegally living in the horse barns by the racetrack." The report states that one Downs employee said they actively caught some of the trespassers using meth.

"Unfortunately, and with all due respect to the Downs of Albuquerque and its locations, things really have not changed over the years," the motion stated. "The public perception of the area around the Downs at Albuquerque has been mentioned in public forums as having issues with crime and drug activity lurking around." 

Bustamante declined to discuss whether there is a current issue at the horse barns at the Downs.

Some residents and business owners in the area, which includes the state fairgrounds, have been critical of the problems involved with homelessness and drug use in the area.

The nearby Central Avenue corridor has also been targeted by police for stepped up enforcement to alleviate the issues.

The penalty recommendation for a methamphetamine positive found in a racehorse in New Mexico is a minimum of a one-year suspension absent mitigating circumstances.

Colleen Heild is an investigative reporter for the Journal. She can be reached at cheild@abqjournal.com.

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