Owner faces 33 counts of cruelty
Authorities removed five emaciated, sick
horses from a Botetourt farm and seized 28 others.
By JoAnne
Poindexter
981-3232
The Roanoke Times
Five horses
that authorities described as emaciated were removed and another
28 seized on a Botetourt County farm in late December, and their
owner has been charged with animal cruelty.
At issue is
what will happen to the horses if a judge orders the owner to
relinquish ownership during a court hearing Monday.
For nearly
two years, Botetourt County animal control officers have
answered numerous calls about the condition of the horses
grazing along Gravel Hill Road, near Fincastle, said Sheriff
Ronnie Sprinkle.
On Dec. 21
animal control officers removed five very sick horses,
authorities said. Nine days later, the other horses were seized
but kept on the property. Their elderly owner was arrested and
charged with 33 counts of cruelty to animals.
A hearing on
the charges against Jack Cassell, 80, is scheduled for Monday in
Botetourt County District Court.
"We got calls
all the time," said Sprinkle, adding that Cassell disregarded
advice and suggestions from animal control officers and
veterinarians who visited his farm.
Animal
control officers and veterinarians have "pages of documentation
on the animals' needs," said Jill Deegan, assistant
commonwealth's attorney.
About the
charges, Cassell told a reporter Thursday: "A lot of bull---- is
what it is."
"I've bought
1,700 bales of hay in November and December. There's hay all
over my farm." Cassell also said he has four ponds, so there's
not a problem with water.
"The animal
control has been really ugly. Animal control has not been
working with me. Animal control hasn't done a thing for me," he
said.
Cassell
accused anonymous callers, who he says have seen the horses but
don't understand the reason for their condition, of making
reports to animal control.
"I'm retired
24 hours a day. I can look after my horses," he said, adding he
has no difficulties taking care of the animals.
Cassell was
in court recently for allowing some horses to stray, Deegan
said. "What makes this so bad is that it's been going on for so
long," she added.
Roanoke
Valley Horse Rescue is now feeding and caring for the 28 horses
left on the farm.
The task
takes nearly two hours, said Patricia Muncy, president of the
rescue program.
She said the
program, which houses abused horses in Hardy, asks county
governments to cover the cost of feed and hay that it provides
to horses. The rescue program also requests payment for mileage
in cases such as the Cassell one.
Muncy said
she couldn't discuss the condition of the Cassell horses because
the case is ongoing.
Deegan,
however, said the horses that were removed were emaciated and
had other health problems.
She estimated
that it will cost Botetourt County about $2,000 just to board,
feed and provide medical care for the five sick horses until the
court hearing.
"We are
looking at tremendous costs," she said.
If the horses
are removed from their owner, "we're going to need community
help" in finding homes for them, she added.
Cassell was
the subject of a 2003 Mother's Day feature story in The Roanoke
Times about caring for his late mother, Beulah.
A divorced
father who raised his children, he moved back home from Richmond
to care for his mother, who died in December 2004 at age 104.
In the story,
Cassell said he shook the blues by busying himself with the
horses or just watching them graze.
"If they can
live on water and grass and be happy, I guess I can take each
day as it comes," he told a reporter.
Staff writer
Mike Allen contributed to this report.
FINCASTLE -- Jack Cassell walked into court Friday
morning charged with 33 counts of cruelty to animals for
allegedly allowing his herd of horses to starve. When he
left that afternoon, he had pleaded guilty to two counts of
depriving an animal of food and water and agreed to reduce
his herd of 28 horses down to six by September.
Cassell's trial in Botetourt County General District
Court had been under way for two hours when Judge James
Farmer told both sides to stop and work out an agreement.
"I'm not totally pleased with what happened," Cassell
said once the hearing was over. "I'm making a compromise."
Both the prosecutor and Cassell's attorney called the
agreement fair.
"We're pleased with the outcome," said Assistant
Botetourt Commonwealth's Attorney Jill Deacon. "That
accomplished what we had been trying to accomplish for a
long time." She said county animal control officers have
been handling complaints about Cassell's farm for two years.
"Jack Cassell is not a cruel man," said his attorney,
Robert Hagan. "He has horses because he loves horses. He
takes other people's problem horses."
Authorities said the problem was that Cassell, 79, of
Fincastle, kept too many horses on his farm without giving
them enough feed or complying with veterinary
recommendations. Deacon said Cassell kept his fence in poor
repair, and his horses would get out, sometimes ending up on
nearby U.S. 220. Cassell has vehemently disputed the
allegations about his feed and his fence.
Pat Muncy, president of Roanoke Valley Horse Rescue, said
her organization first received calls about Cassell's farm
in November 2004. The organization worked with Cassell in
2005. There were nine horses that staff members had concerns
about, Muncy said, because their weight was dropping when
they should have been improving. Two of those horses died,
Muncy said.
Hagan argued that Cassell did try to follow veterinarian
recommendations on multiple occasions.
On Dec. 6, Salem veterinarian Tanya Hatchett went to
Cassell's farm at the request of Botetourt authorities after
they received a complaint through the state agriculture
department. Hatchett reported that she found five horses
that were extremely emaciated and others that were
unhealthily thin. Hatchett advised that if the horses
weren't removed they would die, Deacon said.
Animal control removed five horses from Cassell's farm on
Dec. 21.
The 33 charges were related to the 32 horses on the
property at the time of the seizure, and also to a foal that
died. Its mother was one of the horses in the worst
condition, Deacon said.
The agreement requires Cassell to stop breeding his
horses. He'll be required to follow veterinarian
recommendations and allow inspections by animal control
officers, Hagan said.
The standards of care for horses have changed since
Cassell first learned to care for them in his youth, which
is what led to some of the problems with authorities, Hagan
said.
Muncy said there was no excuse for the condition of the
horses at Cassell's farm, but noted that there's a
widespread problem with horse owners not being educated in
the most up-to-date methods to care for a horse's health.
Three of the seized horses are being adopted by Roanoke
Valley Horse Rescue. One is going back to its Vinton owner,
and one is being returned to Cassell.
Jack Cassell has been charged with eight counts of
allowing his horses to get out and stray away from his farm.
By Mike Allen
981-3236 The Roanoke Time Friday
February 03 2006
A Botetourt County horse owner who faced 33 animal
cruelty charges last month will be back in court next
week on charges that he allowed his horses to wander off
his farm.
Jack Cassell, 79, has been charged with eight counts
of allowing animals to stray or trespass, said Sgt. D.W.
Horton, an animal control officer with the Botetourt
County Sheriff's Office. Each misdemeanor charge carries
a maximum fine of $250, he said.
The charges stem from two incidents. On Jan. 24,
driving by Cassell's farm, Horton noticed two horses in
a neighbor's yard, he said.
About 4:30 a.m. Wednesday, a tractor-trailer driver
on U.S. 220 called 911 to report six horses loose on the
highway, Horton said. All six of the horses, which
belonged to Cassell, have been seized and are being kept
at various locations in Botetourt County, Horton said.
On Jan. 20, Cassell appeared in Botetourt County
General District Court to be tried on 33 counts of
cruelty to animals. The charges were based on
allegations that Cassell was allowing his large herd of
horses to starve.
After Judge James Farmer pushed for a settlement in
the case, Cassell pleaded guilty to two counts of
depriving an animal of food and water and agreed to
reduce his herd of 28 horses down to six by September.
One of the conditions of Cassell's plea agreement was
that he must repair his fences and keep his horses from
wandering. A conviction on the new charges could affect
his plea agreement, said Assistant Botetourt County
Commonwealth's Attorney Jill Deacon.
Cassell's son, Jerome Cassell, pointed out Thursday
that the new charges have nothing to do with animal
cruelty. The farm has bad fences, and it's hard to keep
horses from jumping, he said. "They'll jump a good
fence," he said.
A hearing on the new charges is scheduled for
Wednesday.
Animal control officers seized six horses that were blocking
the road in Botetourt County.
By Mike Allen
981-3236 Roanoke Times February 9, 2006
A judge levied a $250 fine against a Fincastle horse
owner Wednesday, ending another episode in a two-year
dispute between the man and the county over the care of his
horses.
Botetourt County animal control officers seized six of
Jack Cassell's horses Feb. 1 after a truck driver called 911
to report the horses blocking U.S. 220. The incident
contributed to the latest set of charges.
"If things don't improve, somebody is going to get killed
one night," said Botetourt County General District Judge
Louis Campbell. He convicted Cassell of five misdemeanor
counts of allowing an animal to stray or trespass, but
suspended all but one of the accompanying $250 fines.
Both sides hope to bring the dispute to a quick end.
Cassell's attorney, Robert Hagan, said that Cassell has a
contract to put up an electrified fence and intends to find
homes for all of his herd, which he's already reduced from
about 30 to about 20.
The judge's decision struck a fair balance between
addressing a public safety issue and guarding against
"overzealous enforcement" by impatient authorities, Hagan
said.
Assistant Botetourt Commonwealth's Attorney Jill Deegan
said it's not prosecutors' goal to put Cassell behind bars
or punish him with hefty fines. "We want Mr. Cassell to be
in compliance."
A neighbor of Cassell's, Randall Fletcher, testified that
he's called Cassell about 100 times after finding Cassell's
horses on his property or out in the road.
Sgt. W.D. Horton with Botetourt County Animal Control
testified that Cassell's fences have remained in poor repair
for about two years.
"We don't want to be back in here because a person has
hit a horse and killed the horse and killed themselves
before we get something done about it," Deegan said.
Cassell, 79, faced trial in January on 33 counts of
animal cruelty for allegedly allowing his horses to starve.
He ultimately pleaded guilty to two counts of depriving
an animal of food and water, and agreed to reduce the size
of his herd.
Commonwealth's Attorney Joel Branscom said prosecutors
will wait to see how Cassell complies before deciding
whether the new convictions will affect the January plea
agreement.
Hagan expressed concern about the manner in which the
horses were seized Feb. 1. Usually, when horses are in the
road, the owner, who can respond fastest, will be called
first. But Cassell wasn't notified that his horses were on
the highway. Instead he was called by a neighbor, Hagan
said.
In court, Hagan argued that there was no legal precedent
for the county to seize the horses.
The judge disagreed with him, saying the seizure was
justified by the number of previous violations.
Cassell has already sold two of the seized horses and
will likely try to find homes for the other four, Hagan
said.
A
local farmer is once again facing charges because of his
horses.
Jack Cassell was found guilty of two animal cruelty charges
in January, then five charges of letting his horses stray
onto Route 220 in Botetourt County earlier this month.
Now Jack's facing three more charges of letting his horses
stray, after three of his horses wandered onto the busy road
Tuesday night.
Jack will be in court for those straying charges on March
3rd. The three horses that escaped are staying at a nearby
farm, until the court decides if jack gets them back.
By September he's been ordered to sell all but six of his
herd.
Jack Cassell's horses got out onto U.S. 220 again early
Wednesday, and now Cassell is facing three new charges.
Botetourt County animal control officers seized three of
Cassell's horses shortly after midnight following a phone
call from a driver who'd seen the horses on U.S. 220,
according to a release from the sheriff's office.
Cassell, 79, has been charged with three counts of
allowing animals to stray or trespass, said Maj. Delbert
Dudding. Each misdemeanor charge carries a maximum fine of
$250, he said. Cassell will return to Botetourt County
General District Court on March 3.
Cassell faced trial on 33 animal cruelty charges last
month. He pleaded guilty to two counts of depriving an
animal of food and water. On Feb. 1, six of his horses were
seized for blocking U.S. 220. He was convicted of five
misdemeanor counts of allowing an animal to stray or
trespass and fined $250.
Sgt. W.D. Horton, who seized the horses with animal
control officer Kevin Crowder, said little had been done to
Cassell's fences, except the addition of a couple of bungee
cords, since the last time Cassell's horses escaped. Cassell
plans to put up an electric fence, said attorney Rob Hagan.
Horton and Crowder transported the horses to another
farmer's pasture.
Cassell had 32 horses in his care when he was initially
charged in late December. He was under court order to reduce
his herd to 20 horses by Feb. 20 and now must further
whittle the herd down to six horses by Sept. 30. Cassell now
has 18 horses, including the three horses seized Wednesday,
according to the sheriff's office. Hagan said Cassell has
found homes for all but 17 of the horses.
"It's his owner's option to sell them to the butcher,"
Hagan said. "But he's been working diligently to find homes
for them."
A Fincastle man pleaded no contest Friday to three more
charges of allowing livestock to stray as part of an ongoing
dispute with Botetourt County over the care of his horses.
Jack Cassell, 79, was fined $200 for each conviction, but
all the fines were suspended on the condition that Cassell
have electric fencing up by March 24, said Assistant
Botetourt County Commonwealth's Attorney Jill Deegan.
Botetourt County animal control officers seized three of
Cassell's horses shortly after midnight Wednesday following
a phone call from a driver who had seen the horses on U.S.
220. Those three horses have been forfeited to the county
and will be under the care of Roanoke Valley Horse Rescue,
Deegan said.
Friday's court appearance was just the latest in a string
for Cassell. On Jan. 20, he faced trial on 33 animal cruelty
charges for allegedly allowing the horses in his herd to
starve. He pleaded guilty to two counts of depriving an
animal of food and water. On Feb. 1, six of his horses were
seized for blocking U.S. 220. He was convicted of five
misdemeanor counts of allowing an animal to stray or
trespass and fined $250.
Under a previous plea agreement, Cassell is required to
reduce his herd to six horses by September. Friday's hearing
did not affect that plea agreement, Deegan said.
Botetourt County officers seized a horse from Jack
Cassell's Fincastle farm Sunday, according to a search
warrant.
According to a court affidavit, two horses the county
had previously seized from Cassell were released after
Cassell showed a bill of sale for them. Those two
horses, according to the affidavit, later ended up again
in Cassell's care.
No charges have been filed and the case is still
under investigation, according to Botetourt County
Assistant Commonwealth's Attorney Jill Deegan.
Cassell, 79, faced trial on 33 animal cruelty charges
for allegedly allowing the horses in his herd to starve
in January. He pleaded guilty to two counts of depriving
an animal of food and water.
On Feb. 1, six of his horses were seized for blocking
U.S. 220. He was convicted of five misdemeanor counts of
allowing an animal to stray or trespass and fined $250.
On Feb. 22, three more horses were seized again after a
driver called to say they were in the road. Cassell
pleaded no contest to three more charges of letting an
animal stray or trespass and was fined $200 for each
conviction. The fines were suspended on the condition
that Cassell have electric fencing up by March 24.
The horses seized for blocking U.S. 220, according to
the affidavit, were only to be released if they were
sold. On Feb. 5, Cassell, according to the warrant,
showed animal control officer W.K. Crowder a bill of
sale for $1,600 for two horses named Jasper and Josh.
But while Cassell claimed to sell the animals, the
affidavit reported that Jasper was one of the horses
blocking U.S. 220 in the Feb. 22 incident. Later,
according to the affidavit, Crowder saw Josh on
Cassell's property.
The seized horse had "two white rear socks and a
blaze on the face."
Attorney Rob Hagan, who's representing Cassell, said
he felt the search warrant is excessive. "He's being
subjected to disproportionate financial coercion," he
said.
Cassell now has 14 horses, Hagan said. Under a
previous plea agreement, Cassell is required to reduce
his herd to six horses by September.
FINCASTLE -- Despite a court order to reduce the number of
horses on his land after they were found inadequately cared for,
Jack Cassell has been breeding the horses, a prosecutor said
Monday.
A hearing in Botetourt County General District Court in which
Cassell, 79, was charged with contempt of court was the latest
of several court appearances regarding the case involving
Cassell.
In January, he was charged with 33 counts of cruelty to
animals after authorities say he allowed his herd of more than
30 horses to starve. Several of the horses were taken for care
to Roanoke Valley Horse Rescue.
Cassell pleaded guilty to two counts of depriving an animal
of food and water and agreed to reduce his herd -- at 28 horses
after he was charged -- down to six by Sept. 20.
Since then he has been charged with allowing his horses to
run loose on U.S. 220 and not having proper fencing to contain
the animals.
Assistant Commonwealth's Attorney Jill Deegan presented
testimony Monday from an animal control officer detailing how he
saw a stallion breeding with a mare on Cassell's property on
April 26.
"The whole problem is the continuing life cycle out there,"
Deegan told Judge Louis Campbell.
Deegan asked that a veterinarian check Cassell's mares to see
if they're pregnant. She said he still has about 15 horses.
Campbell ruled that any mare pregnancies would be visibly
apparent soon, and that the horses would have to be removed
within 30 days. He found Cassell guilty of being in contempt of
court but suspended any fine and sentence in favor of giving
Cassell another chance to reduce his herd.
"I really don't think I should have to clarify that order,"
Campbell told Cassell.
Cassell's defense was that he didn't technically own a
stallion anymore because it was castrated last week.
PHOTO-1 Jack Cassell
Charged in January with 33 counts of animal cruelty.
Copyright (c) 2006 The Roanoke Times
Author: Jay Conley jay.conley@roanoke.com 981-3114
Section: VIRGINIA
Page: B2
Copyright (c) 2006 The Roanoke Times
August 8, 2006 From WDBJ7
http://www.wdbj7.com/Global/story.asp?S=5254677&nav=S6aK Botetourt Co. horse owner faces contempt of court charges
A Botetourt County horse farmer will be back in court on
Friday. Jack Cassell faces contempt charges after
sheriff's deputies reportedly found a stallion on his
property.
In January, Cassell was in court facing multiple animal
cruelty charges. The court ordered him to sell off 22 of his
28 horses, and not have any stallions on the property.
Assistant Commonwealth's Attorney Jill Deegan says for
violating the court's order, Cassell could face fines and
maybe even jail time.
FINCASTLE -- Horse owner Jack Cassell's contempt of
court hearing in Botetourt County General District Court
was postponed Friday until Cassell can hire a lawyer to
defend himself.
In
January, Cassell, 80, was charged with 33 counts of
cruelty to animals after authorities say he allowed his
herd of more than 30 horses to starve.
Cassell pleaded guilty to two counts of depriving an
animal of food and water and agreed to reduce his herd
-- at 28 horses after he was charged -- down to six by
Sept. 20.
In
May, Cassell was found in contempt of court for allowing
a stallion to breed with a mare on his property.
The
contempt charge he faced Friday stemmed from Cassell
allowing at least one stallion back on his property.
A new
hearing date for the charge was set for Aug. 21 at 11
a.m.
Assistant Commonwealth's Attorney Jill Deegan told Judge
Louis Campbell in court Friday she plans to ask that
Cassell serve some jail time if he is convicted.
--
Jay Conley
Saturday, September 2,
2006
Judge: Horse owner must serve 20 days at his home
The man was convicted of contempt for illegally having a
stallion on his property last month.
FINCASTLE -- A judge has sentenced a Botetourt County
horse owner who has had numerous run-ins with the law to
serve a 20-day jail sentence in his home under
electronic monitoring.
Jack
Cassell received the sentence Friday after he was
convicted of contempt in Botetourt County General
District Court for illegally having a stallion on his
property last month.
It is
the second contempt conviction in four months for
Cassell, 80, who was charged in January with 33 counts
of cruelty to animals after authorities said he allowed
his herd of more than 30 horses to starve.
Cassell pleaded guilty to two counts of depriving an
animal of food and water and agreed to reduce his herd
-- at 28 horses after he was charged -- down
to six by Sept. 20.
In
May, Cassell was found in contempt of court for allowing
a stallion to breed with a mare on his property. He
argued that he was in compliance because the horse had
been castrated just prior to his court appearance.
Friday's conviction came after Botetourt County animal
wardens confiscated a stallion on Cassell's farm Aug. 1.
According to evidence presented in court Friday, Cassell
had agreed to purchase the horse, named Tony the Pony,
knowing that it would violate the court order. His
defense was that he had planned to get the horse
castrated within a week after it was on his property.
Assistant Commonwealth's Attorney Jill Deegan said
Cassell's pattern of behavior was to comply with the
court order only after he was caught violating it.
"It's
turned into a game, and it just keeps continuing," she
told Judge Louis Campbell.
"I
get a little frustrated because you're here time after
time," Campbell told Cassell.
Rob
Hagan, Cassell's attorney, described Cassell as a
"cantankerous" man who was "stubborn about his love for
horses." Hagan argued that his client's actions weren't
willful contempt and that he truly planned to castrate
the horse.
Though Deegan had asked that Cassell serve jail time,
Campbell sentenced him to serve the time in his home and
pay $256 for the costs for care of the horse.
Because Cassell never completed the purchase for the
horse, it will be returned to its previous owner.
Cassell's 20-day sentence will begin Sept. 11. He will
only be allowed out of his home to feed his horses, or
for doctor's visits and other appointments approved by
authorities.
Cassell currently has four mares and three geldings on
his farm. He must get rid of one of the horses to get
his herd down to six by the September deadline.
A Botetourt County horse owner's troubles with the law
could be over if he continues to abide by a court order to
keep a limited number of horses on his farm.
Jack Cassell, 80, was charged in January with 33 counts
of cruelty to animals after authorities said he allowed his
herd of more than 30 horses to starve on his farm in
Fincastle. He pleaded guilty to two counts of depriving an
animal of food and water and agreed to reduce his herd -- at
28 horses after he was charged -- down to six by Wednesday.
Authorities confirmed that Cassell was in compliance with
the court order.
"He's down to the number he's supposed to have,"
Botetourt County Assistant Commonwealth's Attorney Jill
Deegan said. "It's ongoing that he can't be breeding, he
can't have stallions, he can't have more than six."
Cassell is in the middle of serving a 20-day sentence
under home electronic monitoring for having stallions on his
property and trying to breed horses between January and
Wednesday's deadline.
He received the jail sentence Sept. 1 after he was
convicted of contempt in Botetourt County General District
Court after animal control officers found a stallion on his
property in August.
In May, Cassell was found in contempt of court for
allowing a stallion to breed with a mare on his property.
"As far as we're concerned, unless there's some other
violation, we're done with it," Deegan said.
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