Devin Haney Calls For NYSAC To Change Fight Outcome To DQ Loss For Ryan Garcia

Devin Haney has upped the ante as all parties involved await the results of Ryan Garcia’s “B” sample analysis.

A request for a disqualification verdict has been by the WBC 140-pound titlist regarding their April 20 DAZN Pay-Per-View headliner in Brooklyn, New York. Garcia floored Haney three times en route to a majority decision defeat. The outcome was overshadowed by Garcia (25-1, 20 knockouts) badly missing weight, which cost him a chance to challenge for Haney’s WBC title. The aftermath was so much worse. Test samples collected on April 19 and April 20 as contracted through VADA both revealed findings of Ostarine [Enobosarm].

Haney’s legal team argues that the development and Garcia’s admission that he intentionally missed weight are grounds to rule far beyond a standard No-Contest.

“[Ostarine] is specifically listed as a prohibited performance enhancing drug on the Commission [website],” Patrick English, Haney’s attorney, stated to NYSAC officials in a letter obtained by The Ring. “An IV is expressly prohibited. Intentionally coming in overweight is a violation.

“In this context the Commission has full authority to issue a disqualification. That would change the bout to a win for Mr. Haney by disqualification. On behalf of Mr. Haney, we request that change in addition to such suspension as deemed appropriate by the Commission.”

BoxingScene.com’s Lance Pugmire was the first to break this story.

The letter was submitted by Team Haney to NYSAC on May 11 to Kim Sumbler, current Executive Director; Matt Delaglio, Director of Boxing and acting Executive Director; Dr. Nitin Sethi, NYSACchief medical officer; and

Samantha McEachin, NYSAC head counsel.

It came three days after The Ring reported that Ms. Sumbler stepped down from her position as Executive Director. She will officially retain the role through May 22, though Mr. Delaglio will preside over the ongoing investigation regarding Garcia’s case.

Told that Kim Sumbler has stepped down from her role as Executive Director of New York State Athletic Commission. She previously held the role since mid-2017. Matthew Delaglio, current NYSAC Director of Boxing, will be elevated to acting Executive Director.

— Jake Donovan (@JakeNDaBox) May 8, 2024

As previously reported by The Ring, Garcia formally requested the unsealing and analysis of his “B” samples. Garcia’s attorney, Darrin Chavez, will be present for the May 22 session.

The 25-year-old boxing star and his supporters continue to travel the gaslighting route to claim his innocence. Garcia has made several claims in the wake of reports on his drug testing scandal. Among them is potential contamination. His team is reviewing a list of his food and supplements ingested in preparation for the fight.

Meanwhile, Haney (31-1, 15 KOs) seeks to use existing rules to his benefit.

The basis for his appeal stems from Section 208.29 of the NYSAC’s combat sport rules. The rule specifically addresses the repercussions of PED use for any fight under its jurisdiction.

“The Commission may, in its discretion, at any time require a licensed professional boxer or licensed professional mixed martial artist to submit to drug and/or prohibited substance testing at a date and time and in such manner as directed by the Commission. Any finding of prohibited substances, masking methods, or drugs may subject the combatant to disqualification or other disciplinary action. A schedule of prohibited substances and/or impermissible 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, a failure to engage in good faith in honest competition and an act detrimental to the interests of combative sports, and shall subject any licensee found to be in violation of this prohibition to potential purse forfeiture, fine, change of bout result and license revocation.”

Ostarine is listed on the commission website among its banned substances, in compliance with WADA (World Anti-Doping Agency) code.

Most cases where the initial findings hold true result in the bout’s outcome changed to a No-Contest. Such a ruling would remove the defeat from Haney’s current record.

However, it would merely shave a win from Garcia’s mark which would remain at one career defeat.

“It is my experience that sometimes in PED situations some commissions forget that as there are two fighters in the ring there are two fighters with rights,” argued Mr. English. “This is not a matter involving Ryan Garcia alone. There is a blemish on Mr. Haney’s record. He was placed in an unsafe fight under NYSAC jurisdiction. The bout was made a mockery.

“[In] addition to the PED use and prohibited use of IV’s after the bout Mr. Garcia admitted that missing weight was a tactic to give him an unfair advantage. As there was no second day weigh in required by the Commission, thus it is impossible to know what he weighed on fight night. This is why, after setting forth the facts below we request that Mr. Garcia be disqualified, which is more fitting than a no contest in this situation.”

Team Haney cited the April 2016 WBC super middleweight bout between Lucian Bute and Badou Jack as precedence for his request.

The two initially fought to a draw, which saw Jack retain his title. It was later discovered that Bute tested positive for Enobosarm—the same banned substance as Garcia. The verdict was converted to a disqualification win for Jack.

Haney’s legal team delivered a 33-paragraph explanation as to why this bout should follow suit.

Among the points raised were:

• The license applications completed by both boxers acknowledging they are “not currently using or otherwise under the influence of any prohibited drugs and/or illicit substances.”
• The representation in Garcia’s promotional contract with Golden Boy Promotions that “Boxer further represents that he has not….. use any illegal substances or performance enhancing drugs.”
• Both fighters agreed in NY state contracts that they would “abide by the rules, regulations, policies and procedures of the New York State Athletic Commission” and agreed that the bout would be conducted at 140 pounds maximum.
• Garcia’s public admission that he “had lied and he was overweight in order to get a competitive advantage over Haney. Had Garcia not lied about his purpose Haney would not have proceeded with the bout against him and/or would have taken steps to protect himself.”
• Garcia’s positive drug tests from samples collected April 19 post-weigh-in, and April 20 post-fight.
• The allegation that such findings were far beyond any commission’s trace amount tolerance—“the samples quantities [were] 35 to 60 times the amount considered in those jurisdiction to be trace amounts.”

No official decision will be made by NYSAC until testers provide final analysis of Garcia’s “B” samples. By its own by-laws, a ruling is required no later than 15 days after receipt of the aforementioned test report, should the original test results hold true. Additionally, Garcia will have to appear before the commission and—depending on the final outcome—has the right to appeal the verdict.

Jake Donovan is a senior writer for The Ring and vice president of the Boxing Writers Association of America.

Follow @JakeNDaBox

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