Denied: Commission Rejects West’s Appeal Over ‘Arbitrary And Capricious’ Derby DQ

by | 05.06.2019 | 5:17pm
Maximum Security and jockey Luis Saez cross the finish line first in the 145th Kentucky Derby

Owner/breeder Gary West filed an appeal with the Kentucky Horse Racing Commission on Monday, citing the “arbitrary and capricious” decision by Kentucky stewards to disqualify his horse after the 145th running of the Kentucky Derby, reports the Courier-Journal. The KHRC responded quickly to deny that appeal, based on its regulations stipulating that stewards' findings on racing incidents are “final and not subject to appeal.”

Though he crossed the line 1 3/4 lengths ahead of his nearest rival in the Run for the Roses, Maximum Security was disqualified to seventeenth due to interference with three other horses.

“The stewards' acts in reviewing the 145th running of the Kentucky Derby were arbitrary and capricious and did not comply with applicable administrative regulations,” reads the appeal. “Their determination to disqualify Maximum Security is not supported by substantial evidence.”

Filed by attorney Barry Stilz, the appeal requests that all Derby purse money be placed in escrow “pending final determination,” and it also requests access to video replays, stewards' notes, and trainer/jockey statements the stewards used in their decision-making process.

West has indicated that he would consider legal options.

West also appeared on the Today Show on Monday, telling anchors: “Yes I saw the horse move out, but every Kentucky Derby you could set down two or three or four horses because it's like a rodeo out there.”

Twitter Twitter
Paulick Report on Instagram