Judge agrees with appeal in Charlie May case

Harnesslink has learned that harness racing owner Don Tiger confirmed today (Feb. 10) that the appeal he filed with the courts against the New Jersey Racing Commission (NJRC) regarding the disqualification of his three-year-old, Charlie May (McArdle), from a victory in the July 17, 2021, $700,000 Meadowlands Pace at The Meadowlands, has been upheld in court.

The announcement by Tiger came early Friday afternoon. It is not known yet if the NJRC will accept the decision. The $700,000 in purse money from 2021 that was paid out would all have to collected and redistributed if the court findings stand.

Back in 2021, Don Tiger was quoted as saying.

“If they overturn my decision and by some miracle they give me the purse, I will give sixth through 10th $35,000, which is five percent,” said Tiger. “My reason for doing that is because it was a deluged track and everybody deserves a payday. And the rest of the money I will give to charity. I’m not a rich guy. Understand that $350,000 is a life changer for me, but if they give me that miracle, I’m going to do the right thing and give it all to somebody else.”

Here is the official ruling from Judge ANDREW M. BARON,

I hereby ORDER that the determination of the track side judges which was sustained by the Racing Commission must be REVERSED, as it was arbitrary, capricious and unjust, and violated petitioner’s fundamental due process rights, and the rights of the wagering public, whose interests the track side judges, and the Racing Commission are supposed to protect as well. I FURTHER ORDER that Charlie May should be reinstated as the winner of the Meadowlands Pace which was held on July 17, 2021.

I hereby FILE my initial decision with the NEW JERSEY RACING COMMISSION for consideration.

This recommended decision may be adopted, modified or rejected by the NEW JERSEY RACING COMMISSION, which by law is authorized to make a final decision in this matter. If the New Jersey Racing Commission does not adopt, modify or reject this decision within forty-five days and unless such time limit is otherwise extended, this
recommended decision shall become a final decision in accordance with N.J.S.A. 52:14B-10.

In the 2021 Meadowlands Pace, which was contested on a “good” racetrack due to persistent rain, driver Brett Miller was second-over with Charlie May, following the cover of the Yannick Gingras-driven Southwind Gendry, who was challenging the leading Perfect Sting who was driven by David Miller.

Around the final turn it appeared Southwind Gendry took some extra steps, which led to Brett Miller moving Charlie May quickly right, where he was run into by the Dexter Dunn-driven Rockyroad Hanover, who made a break and then caused other trailing horses to also go off-stride.

Miller was able to regather Charlie May and the 3-year-old son of McArdle came roaring back to cross the wire first in 1:48.3, edging the Mark MacDonald-driven Lawless Shadow, who rallied late to catch Perfect Sting by a neck.

The judges posted an unofficial order of finish that showed the 14-1 Charlie May as the winner, but they also flashed the “inquiry” sign as they reviewed the incident in the far turn.

After several minutes, the Meadowlands’ tote board went dark and a new “official” order of finish was posted that showed Lawless Order as the winner, Perfect Sting second and Southwind Gendry third. Charlie May was placed ninth by the Meadowlands judges.

2021 MEADOWSLANDS PACE REPLAY

To read the entire court decision, click here.

by Steve Wolf, for Harnesslink