Gary West, owner of Maximum Security, was shocked Saturday afternoon after his horse was the first to cross the finish line during the Kentucky Derby, but was later disqualified for allegedly coming out of his lane and interfering with other racers. “We were stunned, shocked, and in total disbelief,” says West in an exclusive interview with NBS’c “Today.”

Officials of the Derby, known as stewards, determined that West’s horse interfered with the rules that a horse can not impede the paths of other racers. Later, stewards declared Country House, an additional racer, as the winner. The incident is the first time in the Derby’s 145-year-history that a racer has ever been disqualified for action during the competition. The last disqualification occurred in 1968 in relation to a drug test.

West admits that his horse will not run in the Preakness Stakes on May 18th after the stripping of his title, but also plans on filing an appeal. “The appeal has to be filed within 48 hours so we’ll be filing that today,” states West. If the appeal is not accepted, West hinted at at the possibility of a lawsuit.

“If the state racing commission refuses to hear about it, I think this is something that’s big enough that the entire racing world is looking at this,” West told NBC. “And I think they deserve an opportunity to really know what was going on.”