Maximum Security owner Gary West said he is appealing the controversial disqualification that stripped his horse of a win in the Kentucky Derby Saturday.
West told NBC's "Today" he had 48 hours to appeal the decision to the Kentucky state racing commission, so he would file the appeal Monday.
He also said Maximum Security will not compete in the Preakness Stakes on May 18, given there is no potential Triple Crown on the line.
Maximum Security, the favorite to win at Churchill Downs, crossed the finish line first on the muddy track. But about 20 minutes after the race, stewards announced Maximum Security had been disqualified for interfering with other horses by changing lanes. Country House was declared the winner, the first disqualification on race day in the Derby's 145-year history.
West told "Today" he was "stunned, shocked, and in total disbelief" at the decision. He acknowledged Maximum Security changed lanes, but said such moves are inevitable in the crowded Derby field, which he blamed on race organizers.
"Churchill Downs, because they’re a greedy organization, has rather than 14 like you have in the Kentucky Oaks, the Breeders' Cup, every other race in America, just because they can make more money, they’re willing to risk horses' lives and people’s lives to do that," West said. "Every Kentucky Derby, you could sit down two or three or four horses if you wanted to because it’s like a rodeo out there."
West also was upset by what he called a lack of transparency on the part of the three stewards who made the unanimous decision, but did not field questions.
"I think this is something that is big enough that the entire racing world is looking at this and they deserve an opportunity to really know what was going on," West said. "They’ve been about as non-transparent about this whole thing as anything I’ve ever seen in my life."
According to horse racing site Bloodhorse.com, there is some question on whether the stewards' decision can be appealed. The site notes that Kentucky rules say stewards' rulings on "matters occurring and incident to the running of the race," shall be final and not be subject to appeal.
Kentucky's interference rule states the following: "A leading horse, if clear, is entitled to any part of the track. If a leading horse or any other horse in a race swerves or is ridden to either side so as to interfere with, intimidate, or impede any other horse or jockey, or to cause the same result, this action shall be deemed a foul. If a jockey strikes another horse or jockey, it is a foul. If in the opinion of the stewards a foul alters the finish of a race, an offending horse may be disqualified by the stewards."