Last week, Funkhouser was accused of improperly influencing officials to get a rival horse scratched from the July 4 Charles Town Dash Invitational at Charles Town Races and Slots, after which he was indefinitely suspended from the track. The decision as to whether Funkhouser acted in violation of any rules will be made as mutually agreed upon at a hearing scheduled for Oct. 15.
Entries for the eight-race, $1.45-million program for West Virginia-breds will be taken Oct. 17.
"The decision will be binding upon both parties, and there will be no appeal from that decision," said Funkhouser's lawyer, David Hammer of Martinburg, W.V.
Hammer filed a motion last week in Kanawha County Circuit Court seeking a temporary restraining order to keep Funkhouser's occupational permit in place.
Funkhouser's suspension came about after he asked the West Virginia Racing Commission to remove the horse
Funkhouser sent the commission a letter saying
Hammer said he doesn’t understand the commission's claims that they didn't know Funkhouser had a horse entered in the race when they made the decision to scratch
"You had to have a horse in the race to even have a standing to bring a complaint," Hammer said. "Also, (Confucius Say) is easily one of the most famous horses at Charles Town. The nomination sheet was already published and showed (Funkhouser) as the owner of the horse in that race."
Furthermore, Hammer noted the commission is still standing by their original decision to scratch
Funkhouser sent the letter in response to complaints from other horse owners about
Ryan's lawyer, Glenn Bushel of
"In every racing jurisdiction in the
Bushel added that during an initial telephone hearing July 3, a Charles Town steward had spoken with a steward at
A call made to Charles Town steward Danny Wright was not returned.
Bushel said the letter written to the commission stating the ineligibility of
"There was nothing about Funkhouser or his racing stable O'Sullivan Farms anywhere (in the letter)," said Bushel. "This letter was never authorized by the HBPA.