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.