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.