Court Decision Soon on Umarov's Stay Request

Franklin, Ky., Circuit Court Judge Phillip Shepherd said June 22 he plans to issue a ruling in the next day or two on a request for a stay by suspended owner/trainer Otabek Umarov.

Umarov was suspended for 10 years by the Kentucky Horse Racing Commission after it determined he refused to allow out-of-competition testing on one of his horses, stakes winner Looks to Spare, April 30 at Churchill Downs. The stewards issued a 10-year suspension and $10,000 fine for violations of out-of-competition testing rules and possession of hypodermic needles.

ANGST: Kentucky Suspends Umarov for 10 Years

While Shepherd didn't offer a ruling after a June 22 hearing in which Umarov's attorney, Justin Fowles, requested a stay, and KHRC general counsel John Forgy outlined the commission's opposition to the request; the judge hinted some type of stay would be granted.

"I have a concern about the penalty being in effect while Mr. Umarov awaits his day in court," Shepherd said, noting that he needed to review the case more and planned to issue a ruling June 23 or June 24.

Shepherd said he could issue a temporary restraining order in the case while a more formal hearing on an injunction is conducted. The facts of the case will next be considered during an administrative hearing that has not yet been scheduled.

Forgy suggested Franklin Circuit Court was not the proper jurisdiction to consider an injunction. He said because Umarov already had requested a stay that was denied by the KHRC, state statute requires requests for stays from a court go to the jurisdiction in which the alleged violation occurred, which in this case would be Jefferson County, where Churchill is located. Fowles said the way he reads the statute, the ultimate arbiter on the issue would still be Franklin Circuit Court.

Shepherd said he would consider that issue.

Fowles said a stay should be granted to allow Umarov to train while the case proceeds to an administrative hearing because his client would suffer significant financial strain, his continued operations would not negatively impact the commission, and that there are substantial questions of fact that need to be addressed in the hearing before punishment begins.

Forgy said the KHRC typically doesn't deny requests for stays, but the Umarov case carries unique circumstances. The KHRC said Umarov refused to allow a blood sample to be collected. Then, while officials were making it clear to the trainer that he had to allow the horse to be tested, Umarov removed the horse from the Churchill backstretch.

"It's unusual to deny a stay, but there is an unusual set of circumstances and unusual violation of rules," Forgy said.

ANGST: KHRC Denies Suspended Trainer's Stay Request

Forgy said the racing commission would be harmed if Umarov is allowed to continue training while an administrative hearing is conducted on the case.

"When the vet arrived to collect the sample, (Umarov) was obligated—at that moment—to consent to out-of-competition testing just as everybody else does," Forgy said. "It's just unprecedented. We have a deep interest that everybody complies with the drug rules, especially out-of-competition testing. Our concern is the integrity of the sport."

Fowles suggested Umarov didn't immediately allow out-of-competition testing because Looks to Spare was ill. He also said the vet making the request did not present proper identification. Forgy said because Looks to Spare was on Churchill grounds, he was subject to testing and that Umarov knew Nick Smith, the vet who made the request.

Forgy noted that Umarov also has been banned by Churchill, and a court ruling may not relieve his financial hardship because other tracks may honor that ban. Fowles said a stay would at least allow Umarov to train his horses at a track and they could see about any opportunities to race down the line, but first they were focused on the effort to receive a stay while the KHRC decision is adjudicated.