LEXINGTON, Ky (WHAS11) -- Robby Albarado remains suspended from Kentucky racing until after an assault case against him is resolved, a Kentucky Horse Racing Commission committee decided Wednesday.
With a trial date set for July 18 for the fourth degree assault case involving Albarado's girlfriend, the star jockey remains banned from Kentucky racetracks and his lucrative career for at least two months.
After his second domestic violence arrest in as many years on May 4, one hour before the first Oaks Day race at Churchill Downs, stewards indefinitely suspended Albarado. The third winningest jockey in Churchill Downs history had eight mounts scheduled on both Oaks Day and Derby Day.
Jockeys Guild attorney Mindy Coleman said that other states are honoring the suspension, effectively banning Albarado from U.S. racetracks.
"Kentucky is Mr Albarado's residence, it's where his three children reside," Coleman told the License Review Committee. "He is the sole breadwinner for their family. His soon to be ex-spouse does not have any form of employment. And to ask him to go two plus months without any form of employment or funding is unreasonable and unfair, considering he hasn't been found guilty at this point. We truly believe that once the case is heard by a jury trial, that he is going to be exonerated of these charges."
Coleman's arguement "falls on deaf ears with me," responded committee member Ned Bonnie, citing Albarado's net worth and horse racing connections.
After the 2011 domestic violence charges involving his wife, Albarado's license to race required that he avoid any additional criminal charges. The wanton endangerment and domestic assault charges related to an incident with Kimber Albarado were dismissed. Robby Albarado pleaded guilty instead to attempting to interfere with a witness.
Kimber Albarado has filed for divorce.
The 2012 arrest accuses Robby Albarado of lunging at Carolina C. Martinez, breaking down a bathroom door and cornering her in a closet. Albarado was arrested several days after the alleged incident when Martinez sought treatment for bruises and injuries to her shoulder and arm.
Albarado, himself, attempted to address the panel on Wednesday in Lexington, raising his hand for the attention of chairman Burr Travis.
"Mr. Travis may I say something?" Albarado said, Coleman's eyes widened.
"I can only say the truth here today," Albarado said, "Now you say it may hurt me, the criminal case. The truth can only set me free here. So any questions that you have for me I feel like it would be only the truth."
"That's what I told you not to say," Coleman whispered to Albarado.
Committee members also advised Albarado not to implicate himself in his criminal case by speaking at the hearing.
"Hopefully once the criminal charges are resolved to some degree, present evidence that will be helpful to us in making a decision," Travis said.
Since his latest arrest, Albarado has been assessed by mental health professionals but found not to meet the criteria to enter any treatment programs, partially because Albarado was unwilling to admit to allegations against him, said Linda Doane of the Churchill Downs Employee Assistance Program.
Saying Albarado is under a great deal of stress, Doane recommended he seek counseling, including help for anger management.