KHRC Executive Director Guilfoil Backs Stewards' Call

One day after the biggest immediate disqualification in Kentucky Derby history, the executive director of the Kentucky Horse Racing Commission defended the unanimous decision of the three Churchill Downs stewards.

"It was the right call," said executive director Marc Guilfoil, who also is an accredited steward for Thoroughbred, Standardbred, and Quarter Horse racing. "It was the correct call. … I applaud them. They're the best of the best."

In the hours since the finish of the 145th Kentucky Derby Presented by Woodford Reserve (G1) May 4, the public has debated whether the disqualification of first-place finisher Maximum Security was appropriate. It was the first such disqualification of the winner for conduct in the race in the event's history; Dancer's Image was disqualified from the 1968 Derby win because of a medication violation—giving the victory to Forward Pass.

The stewards found that Maximum Security came out several paths and interfered with three horses, resulting in Maximum Security being disqualified to 17th and second-place finisher Country House being declared the winner. 

The Churchill stewards are Barbara Borden, the chief state steward; Brooks "Butch" Becraft, a state steward; and association steward Tyler Picklesimer. An association steward serves on behalf of the track, in this case Churchill Downs.

Guilfoil said he couldn't say whether the stewards should have posted an inquiry, but he acknowledged they didn't. He said he needed to review regulations to see whether they are required to post an inquiry. He said it's possible the rules do not require it.

Guilfoil also said if the connections of Maximum Security want to appeal Saturday's decision by the stewards, the fact Churchill doesn't race again until Thursday won't be used to block an appeal. Kentucky rules have different deadlines for filing appeals, depending on what rules violation is claimed, with the shortest of those being 48 hours and a catch-all rule being one week.

Kentucky rules also may preclude an appeal of a stewards' decision, as a matter of their judgment, on an in-race rule violation such as the one Saturday. Guilfoil said he would defer to attorneys regarding whether Kentucky's rules allow Saturday's decision to be appealed. 

After the Derby, Gary West, owner of Maximum Security, said he'd like to review the video of the race with the stewards and hear their explanation. West and trainer Jason Servis said Saturday night they would consider an appeal of the decision. West said Saturday evening he didn't know all the rules on appeals in Kentucky, but if he felt like the stewards did something flagrantly wrong, he would appeal it.