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Friday, February 03, 2006

Horse owner in abuse case charged again

Jack Cassell has been charged with eight counts of allowing his horses to get out and stray away from his farm.

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.

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