Devin Haney Calls On NYSAC To Change Fight Result In DQ Loss To Ryan Garcia
Devin Haney raised the bar as all parties involved await the results of Ryan Garcia’s “B” sample analysis.
The disqualification petition is on the WBC 140-pound list for their April 20 DAZN Pay-Per-View title in Brooklyn, New York. Garcia knocked Haney down three times en route to a majority decision loss. The result was overshadowed by Garcia (25-1, 20 knockouts) missing weight badly, costing him the opportunity to challenge for Haney’s WBC title. The result was very bad. Test samples collected on April 19 and April 20 as contracted by VADA both revealed positive results for Ostarine [Enobosarm].
Haney’s legal team says the improvement and Garcia’s admission that he missed weight on purpose are reasons to rule beyond the standard No-Contest.
“[Ostarine] listed with the Commission as a prohibited performance-enhancing drug [website],” Patrick English, Haney’s attorney, told NYSAC officials in a letter obtained by him A ring. “IV is clearly prohibited. Being fat on purpose is a violation.
“In this case, the Commission has full authority to issue a decision to withdraw. That could turn the battle into a win for Mr. Haney by withdrawal. On behalf of Mr. Haney, we ask that there be a change in addition to the suspension as the Commission deems appropriate.”
BoxingScene.com’s Lance Pugmire was the first to break the story.
A letter was sent by Team Haney to NYSAC on May 11 to Kim Sumbler, the current Executive Director; Matt Delaglio, Director of Boxing and Acting Managing Director; Dr. Nitin Sethi, NYSAC medical officer; again
Samantha McEachin, NYSAC senior advisor.
It came after three days The Ring reports that Ms. Sumbler is stepping down from her position as Executive Director. He will officially retain his role until May 22, although Mr Delaglio will oversee the ongoing investigation into Garcia’s case.
He said that Kim Sumbler has resigned from his position as Executive Director of the New York State Athletic Commission. He previously held this role from mid-2017. Matthew Delaglio, the current NYSAC Director of Boxing, will be promoted to acting Executive Director.
— Jake Donovan (@JakeNDaBox) May 8, 2024
As previously reported by The Ring, Garcia has officially requested the opening and analysis of his “B” samples. Garcia’s attorney, Darrin Chavez, will be present on May 22.
The 25-year-old boxing star and his fans continue to walk the gas line to claim his innocence. Garcia made several claims after reports of his drug test scandal. Among them is possible pollution. His team is reviewing his food and supplements list in preparation for the fight.
Meanwhile, Haney (31-1, 15 KOs) wants to use the rules to his advantage.
The basis of his appeal stems from Section 208.29 of the NYSAC combat sports rules. The law specifically addresses the consequences of PED use in any war under its jurisdiction.
“The Commission, at its discretion, may at any time require a professional boxer or licensed professional martial artist to submit to a drug and/or prohibition test on a date and time and in a manner directed by the Commission. Any detection of prohibited substances, disguises, or drugs may result in the contestant being ejected or other disciplinary action. A schedule of prohibited substances and/or prohibited drugs shall be posted and maintained by the Commission on its official website.
“The use of any prohibited performance enhancing drug (PED) during training or competition shall be considered unsportsmanlike conduct, failure to participate in good faith in fair competition and an act prejudicial to the interests of combat sports, and shall subject any licensee found in violation of this prohibition to forfeiture of money, fine, modification of bout results and revocation of license.”
Ostarine is listed on the commission’s website among its banned substances, in accordance with the WADA (World Anti-Doping Agency) code.
Most cases where the initial findings held the true result in the outcome of the bout changed to No-Contest. Such a decision would erase the loss from Haney’s current record.
However, it would only take the win away from Garcia’s mark which will remain at one career loss.
“In my experience, sometimes in PED cases, some commissions forget that since there are two fighters in the ring, there are two fighters with rights,” argued Mr. “This is not an issue that affects Ryan Garcia alone. There is a flaw in the record of Mr. Haney. He was placed in an unsafe war under NYSAC. War is made a mockery of.
“[In] in addition to PED use and illegal IV use after hitting mr. Garcia admitted that losing weight was a ploy to give him an unfair advantage. Since there is no second weigh-in date required by the Commission, it is therefore impossible to know what he weighed on fight night. That is why, after revealing the facts below, we request that Mr. Garcia was sent off, which is more appropriate than not being sent off in this situation.”
Haney’s team cited the April 2016 WBC super middleweight bout between Lucian Bute and Badou Jack as a precursor to his claim.
The two first wrestled to a draw, which allowed Jack to retain his title. It was later discovered that Bute tested positive for Enobosarm—the same banned substance as Garcia. The verdict was reversed in Jack’s victory.
Haney’s legal team provided a 33-paragraph explanation of why this collision should follow suit.
Among the points raised were:
- License applications filled out by both boxers admit that they are “not currently using or otherwise under the influence of any prohibited drugs and/or illegal substances.”
- A representation in Garcia’s promotional contract with Golden Boy Promotions is that “Boxer further represents that he has not…..used any illegal drugs or performance enhancing drugs.”
- Both fighters agreed in NY state contracts to “abide by the rules, regulations, policies and procedures of the New York State Athletic Commission” and agreed that the fight would be held at 140 pounds.
- Garcia’s public admission that he “lied and gained weight to gain a competitive advantage over Haney.” If Garcia had not lied about his motive Haney would not have continued to fight him and/or would have taken defensive measures.”
- Garcia tested positive for drugs on samples collected on April 19 after weigh-ins, and on April 20 after the fight.
- Allegations that the findings were far beyond the tolerance of the commission’s value—“the number of samples [were] 35 to 60 times the number observed in those areas as follow-up statistics.”
No official decision will be made by NYSAC until examiners provide final analysis of Garcia’s “B” samples. According to its bylaws, a decision is required within 15 days after receiving the aforementioned inspection report, if the initial inspection results are true. Additionally, Garcia will have to appear before the commission and—depending on the final outcome—he has the right to appeal the decision.
Jake Donovan is a senior writer for The Ring and vice president of the Boxing Writers Association of America.
