Iowa: Prairie Meadows trainer charged

Trainer faces charges of injecting horses


Prosecutors have brought criminal charges for a horse-racing violation - believed to be a first in the state of Iowa.

Brian Muse faces three felony counts of cheating at a gambling game for allegedly injecting two animals with unknown substances Sept. 24, hours before their quarter-horse races at Prairie Meadows.

Muse, a trainer, referred questions to attorney Paul Scott, who said his client denies the allegation. Scott said the post-race tests for both horses showed no illegal substances in their systems.

"Mr. Muse did not commit any gaming violation," Scott said. "He did not cheat. He didn't do anything illegal, and he intends on defending this case vigorously."

According to a report obtained by The Des Moines Register from the Iowa Division of Criminal Investigation, the allegation stems from a surveillance camera in Muse's barn. The DCI polices gambling at Prairie Meadows.

The report states that Muse was seen on camera injecting Drill Baby Drill and Chi Ter about four hours before they raced. Chi Ter won the $68,500 Altoona Derby, while Drill Baby Drill was third in the $143,250 Valley Junction Futurity.

Another DCI report claims Muse removed a syringe from his shirt and injected Chi Ter with a needle and syringe at 6:01 p.m. Ten minutes later, according to the report, Muse provided an unknown substance orally to Chi Ter.

It is a felony for anyone other than a licensed veterinarian to possess a hypodermic needle in a state-regulated barn area. Muse faces a maximum sentence of five years in prison on each of the three felony charges. Also, under state law, no one is allowed to give a horse medication on race day, aside from the anti-bleeding drug Lasix.

Racing allegations normally are ruled on by Prairie Meadows' three stewards, who have the authority to fine and suspend violators or to disqualify a horse and order any purse money returned.

In this case, criminal charges were filed after the stewards at Prairie Meadows interviewed Muse and decided to take no action.

Ralph D'Amico, the senior steward, said the board was given a report that Muse was observed injecting a horse - but was not told about the existence of the videotape. Part of the DCI's oversight role is to review videotape surveillance of the facility.

"When we questioned trainer Muse about the accusations in the DCI report, trainer Muse denied them. We had no evidence, we had no witnesses, we didn't have anything to go on," D'Amico said.

Muse turned himself in and was released after posting $17,000 bond.

Jack Ketterer, executive director of the Iowa Racing and Gaming Commission, said he could recall no other case where a person has been charged criminally for a racing infraction in Iowa.

The charges are sending ripples through the Iowa racing community. Maggi Moss, a horse owner and attorney who recommended Scott to Muse, said she received 25 calls from owners and trainers questioning why criminal charges were filed Sept. 27.

Moss questioned why this case was treated as a felony when drug tests on the horses came back clean, whereas two trainers who earlier faced serious charges were left to be tried by the stewards.

Polk County Attorney John Sarcone said his department does not comment on pending cases.

Howard Dimitt, a trainer, was suspended for a year after one of his horses tested positive last month for Picrotin, a Class 1 violation - the most severe in racing's five-class rating of illegal drugs.

A ruling also is pending for trainer Alonzo Loya, who was allegedly found with a used needle, new needles and bottles of injectable substances during a DCI search. That also is alleged to have happened Sept. 24.

"Those matters are within the sound racing jurisdictions and laws set up to handle racetracks," Moss said. "We are an incredibly diligent profession, and we self-monitor and have the laws and tribunals set up to monitor ourselves more stricter than any court.

"Taking this out of the racing jurisdictions and going into felony court is an abuse of power."

Moss said her research could find no other case nationally where criminal charges were filed for breaking a thoroughbred racing rule.

Ketterer, however, said prosecutors can file charges if they deem fit.

"The DCI has the authority to turn that over to the prosecutor," Ketterer said. "It's really the prosecuting attorney's decision."