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O'Neill was originally suspended 180 days by the racing board after Argenta tested in excess of the permitted level of TCO2 -- a Class 3 violation -- after finishing eighth in a race at Del Mar on Aug. 25, 2010. The horse is co-owned by Mark Verge, the CEO of Santa Anita race track and O'Neill's childhood friend.
But the hearing officer recommended that 135 days be stayed as long as O'Neill doesn't have any Class 1, 2 or 3 medication violations in any state during an 18-month period.
It was O'Neill's third total carbon dioxide violation in California and fourth in his career. In 2010, he was suspended and fined for a similar offense involving one of his horses that ran in the Illinois Derby at Hawthorne Race Course in suburban Chicago.
The officer found there were no suspicious betting patterns in the 2010 race and that there was no evidence of any intentional acts on the part of O'Neill in connection with the incident.
However before the hearing, the parties had stipulated that the Ken Maddy Laboratory at UC Davis detected an excess level of TCO2 in the horse's blood sample, and CHRB Rule 1887 states a trainer is ultimately responsible for the condition of a horse, so O'Neill was punished.
CHRB executive director Kirk Breed will decide when O'Neill's suspension will begin, but it will be no sooner than July 1.
The Jockey Club has said that elevated total carbon dioxide levels, regardless of cause, are violations of the rules and penalties for excessive TCO2 are severe. It urges trainers and their veterinarians to work closely to identify any procedure or practices that may elevate such levels in horses.
[Associated Press;
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