The owner of Sheriff Brown, a horse disqualified from victory in the $200,000 Downs At Albuquerque Handicap Sept. 24 due to a riding-crop violation from jockey Oscar Ceballos, has formally appealed the ruling, which resulted in the forfeiture of prize money of $108,000.
The loss of purse is for a violation of Horse Racing Safety and Integrity Authority rules that were first implemented in early July. Those rules limit jockeys to striking their mounts six times, with penalties in place for infractions.
One to three strikes over the limit, called a Class 3 violation, results in a fine of $250 or 10% of the jockey's portion of the purse, whichever is greater, and a minimum one-day suspension. Riders also accumulate points for infractions that can lead to additional penalties.
When the crop is used four or more times over the limit, the jockey faces higher fines and longer suspensions, and the horse is disqualified from purse earnings. The latter rule is among the most criticized of HISA's regulations because of the financial penalty to the owner.
Downs At Albuquerque stewards deemed that Ceballos struck the horse 11 times, five over the limit, which is a Class 2 violation that carries a $2,160 fine (20% of the purse) and a three-day suspension. The Todd Fincher-trained Sheriff Brown crossed the wire first, a neck in front of Mine That Star. Sheriff Brown was the victor in pari-mutuel wagering, returning $7 to win as the favorite.
Paulick Report reported that three of the other 10 jockeys riding in the Albuquerque Handicap were sanctioned for Class 3 riding crop violations.
Critics of these restrictions say strikes can sometimes be difficult to distinguish between other forms of urging, such as flagging (waving) the crop in encouragement.
"We think we have solid grounds at least to have a discussion on the appeal," owner Joey Peacock, who races Sheriff Brown under Peacock Family Holdings, said at Churchill Downs Oct. 1. "You win a nice $200,000 stakes race, and the next morning they tell you they're taking it away from you. That's kind of a bummer. But we'll work through that."
Peacock was at Churchill Saturday to watch Sheriff's Brown's half brother Senor Buscador capture the Ack Ack Stakes (G3), a Breeders' Cup challenge event for the Big Ass Fans Breeders' Cup Dirt Mile (G1) at Keeneland Nov. 5. Both horses were produced from the Desert God mare Rose's Desert.
Sheriff Brown, a 6-year-old Curlin gelding, won the Sunland Park Handicap earlier this year. Last year, in one of his most notable races, he was fourth in the 2021 TVG Pacific Classic Stakes (G1) at Del Mar.
No appeal hearings of HISA-related rulings have yet taken place.
"HISA is receiving and actively reviewing the appeals as they are filed, and the first round of appeal hearings will take place before the HISA board later this month," Liz Beadle, a HISA spokesperson, wrote in an email.
