In spite of a decision by authorities to not prosecute trainer Juan Carlos Guerrero in an alleged indecent assault case, an attorney for Parx Racing said a 10-year suspension imposed on the track's leading conditioner will not be lifted.
"The information we have indicates that Mr. Guerrero is a potential threat to all the women of our backstretch and we will not lift our ejection of him," said Frank McDonnell, assistant general counsel for the Bensalem, Pa., racetrack and casino, in an e-mail to The Blood-Horse and other media outlets. "We believe the district attorney used improper judgment and reasoning in not presenting the case to a jury, particularly since Mr. Guerrero admitted his conduct to the Bensalem Police."
McDonnel could not be reached for further comment Jan. 8.
Authorities had filed a misdemeanor assault charge against Guerrero after receiving a report of the alleged Nov. 16 incident. Guerero was alleged to have pursued a female employee of the track and pushed her into an office, where he pulled her to him and kissed her on the lips, according to court documents. She pushed him away, but he then touched her on the buttocks, the documents said.
The Parx racing office stopped taking entries from Guerrero Dec. 27 and the Pennsylvania Horse Racing Commission suspended Guerrero for 10 years.
However, the Bucks County District Attorney’s office declined to prosecute after investigating. An assistant in the district attorney's office, Blake Jackman, told a local paper earlier this week that while the woman's story was credible, "there was no prosecutorial merit."
After the decision to drop the case, an attorney for Guerrero, Bill Goldman, said his client will seek to have the 10-year ban overturned. An appeal of the private property exclusion ruling is reportedly scheduled to be heard by the PHRC Jan. 17 in Harrisburg, Pa.