Jockey Survives Inquiry

Stewart Elliott, the jockey who dodged several potential problems with a clever ride aboard Smarty Jones in the Kentucky Derby, dodged another one Friday -- a 4-year-old aggravated-assault charge that might have prevented him from riding in next Saturday’s Preakness at Pimlico Race Course in Baltimore.

Michael Hopkins, executive director of the Maryland Racing Commission, said Friday night that Elliott’s problems in Kentucky, where he incorrectly filled out a licensing application two days before the Derby, wouldn’t be an issue at the Preakness.

“I talked to Stewart,” Hopkins said. “He’s apologized for what happened in Kentucky, and he’ll be able to ride in the Preakness.”

A query by Associated Press on Thursday led the Kentucky Horse Racing Authority to reexamine Elliott’s license application. Kentucky officials discovered that Elliott had checked “no” when asked whether he had been “arrested, indicted or convicted, or had pleaded guilty to any criminal offense in the last 10 years.”

In June 2001, Elliott, under indictment from a grand jury, had pleaded guilty to aggravated assault. He was charged with beating up an acquaintance in New Jersey with a beer bottle, pool cue and wooden stool in 2000.

Two other charges were dropped against Elliott, who received one year’s probation and was ordered to pay the victim’s medical expenses, which totaled $13,900.

An authority source who asked that his name not be used said Elliott probably would have been allowed to ride in the Derby even if he had answered “yes” to the question.

“The crime wasn’t racing-related,” the source said. “It wasn’t like he had been convicted of race-fixing or even done anything on the racetrack.”

Smarty Jones’ win in the Derby will stand. Elliott, who had never ridden in a Derby before, gave the colt a “masterful” ride, according to Smarty Jones’ trainer, John Servis.

There is no national jockey’s license. Jockeys are required to be licensed by each state in which they ride.

The backlog of paperwork at the Derby, a race in which many of the riders are from outside Kentucky, was so great the date on Elliott’s license there is May 6 -- five days after the Derby.

In April 2002, a judge shortened Elliott’s probation by two months because it appeared that he could not be licensed to ride in New Jersey while he was still on probation.

Elliott, 39, who has been the leading rider at Philadelphia Park for the last four years, also rides in neighboring states.

Elliott was already licensed to ride this year in Maryland because he had ridden in two races at Laurel Park this year.

Hopkins could not say how Elliott answered a question about a history of criminal activity on his Maryland application.

“He filled out a second application [on Friday], and sent it to us,” Hopkins said. “So he will be all right to ride.”

The controversy came almost one year to the day of the furor after the 2003 Derby, when the Miami Herald ran a photo of the finish and suggested that Funny Cide’s jockey, Jose Santos, might have used an illegal electrical device on the winner. Santos was cleared after Kentucky officials conducted an investigation.

Elliott and Servis could not be reached for comment.

“When he filled out that application, he was in the jocks’ room, surrounded by about 30 reporters,” said Ray Lopez, Elliott’s agent.

“He wasn’t paying attention, and he made a simple mistake. In some states, they ask you whether you’ve done anything since you completed your last application. Stewart was used to filling out applications like that. He didn’t pay attention to the fact that the time frame in Kentucky was 10 years. But it’s all over with. It’s all been laid to rest.”