Ruling prevents Heza Streakin Legacy from competing in All American Futurity

The New Mexico Supreme Court on Wednesday denied a request to prohibit state racing officials from placing Heza Streakin Legacy on the stewards’ list. As a result, Heza Streakin Legacy will not compete in the $3 million All American Futurity for Quarter Horses on Monday at Ruidoso Downs.

Heza Streakin Legacy qualified for one of 10 spots in the starting gate for the All American, but he was placed on the stewards’ list after an out-of-competition hair test came back positive for clenbuterol. Being on the stewards' list makes him ineligible to start for a minimum of 60 days, although owner Martin Ybarra Jr. and trainer Albert Franco face no sanctions.

The court order was issued on Wednesday afternoon, according to a document provided by an attorney representing Ybarra and trainer Franco.

The post position draw for the All American Futurity will be held Thursday. Entries for the race were taken last Friday.

The hair test was done in advance of the trial for the All American, and a temporary retraining order enabled the horse to compete in the trial, according to a representative of the New Mexico Racing Commission. The restraining order was later dissolved and the horse’s spot in the gate for the All American was opened to Dash For Stone.

Johnny Mac Hayes, one of the attorneys representing Ybarra and Franco, said the request to the New Mexico Supreme Court was made to seek due process for the owner and trainer. The petition was filed by a New Mexico-based counsel for Ybarra.

“Our position is that the alleged hair positive should not disqualify the horse before due process has had a chance to run its course,” Hayes said on Monday night. “The out-of-competition policy calls for an independent split testing, and if you’re negative in split testing they take you off the stewards’ list."

As of Monday night, the split sample had not been tested, according to Hayes.

Heza Streakin Legacy won his trial and was the second-fastest qualifier on the first day of trials for the All American Futurity. There were a total of 28 trials held between Aug. 18-19 and the five fastest qualifiers from each program earned a chance at the finale. Dash For Stone was the sixth fastest qualifier on the first day of trials.

Heza Streakin Legacy has not been disqualified from that win or its purse, according to Izzy Trejo, the executive director of the New Mexico Racing Commission.