Chapa Appeal Denied

Jockey Roman Chapa’s suspension appeal was denied by the Texas Racing Commission on Tuesday, meaning he remains ineligible to ride pending a Feb. 27 disciplinary hearing for allegedly possessing an illegal electrical device that stimulated Quiet Acceleration to a stakes win at Sam Houston Race Park Jan. 17. 

“The penalty would be a 5-year suspension with up to a $25,000 fine,” said Robert Elrod, the public information officer for the Texas Racing Commission. “However, that fine could be enhanced, if the executive director chose to [do so], up to $100,000.” 

The racing commission charges are entirely separate from “unlawful influence on racing” felony criminal charges Chapa is facing in Harris County Court. The 43-year-old jockey is free on $10,000 bail until a Mar. 18 court appearance. 

Both charges stem from a close-up photograph of Quiet Acceleration’s stretch run that showed what appears to be a tan, palm-sized device with protruding prongs in Chapa’s partially closed left hand. Chapa has twice previously been suspended in Texas (1993) and New Mexico (2007) for attempting to frighten a racehorse into running faster with a prohibited object. 

Chapa’s cases could hinge on the commission and the county needing to prove intent and use–the Jan. 23 criminal charge alleges Chapa “unlawfully, intentionally and knowingly” used an electrical device. The Feb. 10 Texas commission ruling only alleges that Chapa “carried” the device, while separately explaining that “the use of such a device in the opinion of the Sam Houston Race Park Board of Stewards constitutes an immediate danger to the public health, safety and welfare.” 

On the Texas Racing Commission website, Section 14.10 of the Texas Racing Act lists the possession of an electrical device as a Class A misdemeanor (one year in jail and/or a fine up to $4,000). Possession with “intent” to influence the outcome of a race is a state jail felony (80 days to two years in jail and a fine up to $10,000). Actual “use of” is a third degree felony (two to 10 years in jail and a fine up to $10,000). 

Elrod said that in the case of the commission sanctions, the difference in semantics shouldn’t have a bearing: “Either one, either using it or possessing it on a licensed racetrack is a violation of the rules.” 

Paul Vick, the attorney who represented Chapa via conference call at Monday’s hearing, did not return a phone message before deadline for this story. 

Quiet Acceleration is entered in Saturday’s ninth race at Sam Houston, the $50,000 Jersey Village S. at 1 1/16 miles on the turf for Texas-breds.