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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.
October 20, 2008
WDBJ 7 Limit placed on amount of animals Jack Cassell can own
Monday, the judge told Jack
Cassell he can no longer own farm animals except for the
three dogs and 30 chickens he now has.
A Botetourt County farmer who has been in trouble in the
past for mistreating his horses and rabbits will have a
limit placed on how many and what type of animals he's
allowed to own.
Monday, the judge told Jack Cassell he can no longer own
farm animals except for the three dogs and 30 chickens he
now has.
The court order specifies those animals must meet yearly
evaluations from a veterinarian.
Cassell first came to the attention of county animal
control officers in early 2006 when they say his horses kept
getting loose and were malnourished.
He got in trouble last year when investigators found he
was about to sell 42 sickly rabbits.
These Photo's are property of RVHR and can not be
used without permission of RVHR. To use these photo's please send
request to info@rvhr.com.
14 horses and goats seized from Botetourt Co. farm
4/09
Jack Cassell, ordered by a court not to have these types of
animals, argued they don't belong to him.
Authorities have seized 14 horses and goats from the farm of
a Botetourt County man who is under a court order not to own
animals because of previous animal care violations.
The Botetourt County Sheriff's Office last month took nine
horses and five goats from Jack Cassell's farm in Troutville,
according to a search warrant filed in Botetourt County Circuit
Court.
Cassell, 82, has not been charged in this latest
investigation.
He said Wednesday that he was not the owner of the animals.
He was leasing his land to the owner of six horses and five
goats, and the other three horses belonged to relatives, he
said.
Cassell's animal troubles began in 2006, when he pleaded
guilty to two counts of depriving an animal of food and water.
He agreed to reduce his herd of about 30 horses to six.
Later that year, Cassell was found in contempt of court twice
for ignoring a court order to discontinue horse breeding or have
stallions on his property. He served a 20-day sentence under
home electronic monitoring.
Then, in 2008, authorities seized 42 sick rabbits from
Cassell's farm. Cassell had intended to sell them as Easter pets
at Happy's Flea Market in Roanoke.
As a result, Cassell was ordered not to own or possess any
farm animals, though he was permitted to have three dogs and no
more than 30 chickens.
That court order also said that Cassell could lease his land
as a pasture but that he was not to care for any animals on the
land.
In March, the sheriff's office got a call from Carolyn
Jamison, who said she had given Cassell and his son and
daughter-in-law, Jerome and Wanda Cassell, a horse and tack,
according to the search warrant.
Jamison later became aware of Jack Cassell's criminal history
and called authorities.
An undercover detective made contact with Jerome and Jack
Cassell, and they confirmed that they had taken Jamison's horse
and that Jack Cassell was the sole owner of that horse and eight
others, the search warrant says.
Cassell disputes those details. He said Wednesday that the
investigator asked him how many horses were on the land but not
if he owned them.
Cassell also said that his son owns the horse from Jamison,
which was kept at the elder Cassell's farm. Two other horses at
the farm belong to his nephew, he said.
Cassell said the six other horses and the five goats had
belonged to him, but after the court order he gave them to
another man, Clayton Gibson. Gibson leases 40 acres of Cassell's
pasture, where the horses were kept, Cassell said.
Gibson declined to be interviewed Wednesday because of the
ongoing investigation.
Gary Chisom was charged with animal cruelty in March.
The court ordered that he only be allowed to keep two horses.
The Bedford Co. Sheriff’s office tells us 25 horses owned by
Chisom were taken from a property on Stewart Street.
Members of the U.S. Equine Raescue League will board the horses.
Animal Control Deputy Jonathan Jackson says he saw the horses
getting worse over months of investigation.
A hearing will be held within ten days. A judge will
decide if the horses will be returned to Chisom.
Additional charges could be decided by the Commonwealth’s
Attorney.
———-
3:18 p.m.
Deputy Jonathan Jackson with the Bedford County Sheriff’s
Office tells us there are 25 horses on the property.
This started as a zoning complaint in January. In
Bedford County, you can have one horse per acre of land.
The site is only two acres.
Animal control deputies and members of a horse rescue group
are still on the property rounding up the horses. They
will be taken to stables all over the Virginia and North
Carolina for rehabilitation.
———-
10:58 a.m.
Bedford County Animal Control deputies believe a local man
wasn’t feeding or taking care of his horses.
Gary Chisom faces an animal cruelty charge.
Bedford County deputies searched a property on Stewart
Street, Monday morning. The area has a Vinton address, but
its location is outside the town’s limits.
The sheriff’s office tells us the search was the result of an
ongoing investigation.
The Bedford County Sheriff’s Office plans to release more
information later Monday.
Bedford County
deputies investigate allegations of animal cruelty
5-4-09 WDBJ7
We're told the warrant was
the result of an on-going investigation involving animal cruelty
by deprivation of horses by 51-year-old Gary Chisom.
UPDATED Monday 6:03 p.m.
A Bedford County horse farmer has been stripped of his herd.
It's not the first time county animal control officers have paid
Gary Chisom a visit.
A posse of sheriff's deputies, animal welfare officials, animal
rescue volunteers arrived first thing Monday morning, prepared to
haul off the horses.
Once county officials rounded them up, a state veterinarian
examined each one, drew a sample for blood work and got the hoses
ready for the road.
In March Chisom was arrested on a warrant for animal cruelty,
allegedly depriving the animals of basic necessities: food, shelter
and water.
"It's just hard to say why he hasn't stepped up and provided
better care of these animals, given them more room. The question
would be: Why's he got so many on such a small piece of property
that can't handle this number of animals," says Lt. Darrell Saunders
with the Bedford Co. Sheriff's Department.
By county ordinance you can't have more than one horse per fenced
acre. It appears Chisom has as many as 20 horses on less than three
acres.
The land is stripped of vegetation, but Chisom points to several
large round-bales of hay and says he's supplementing the horses
feed.
County land records indicate Chisom bought the property in 1992.
Two parcels of land, totaling two and two third acres.
Chisom indicated he's well aware of the local ordinance.
"One per acre, yeah so that's clearly a violation, right? Yeah, I
moved some of them and renting another farm, getting ready to get
them moved off," says Chisom.
Just hasn't had enough time to get it done, he says.
He hopes he can convince the judge he's taking care of the
animals and get the horses back.
In the meantime, the United States Equine Rescue League has
several farms in the Richmond area ready to take them in.
The rehabilitation process can take up to a year.
"Once their rehab is complete they'll be put up for adoption, but
we retain ownership of them their entire life," says Susan White
with the U.S. Equine Rescue League.
They seized 25 horses altogether.
Chisom has ten days to show the court he ought to have them.
**************
Deputies in Bedford County investigate allegations of animal
cruelty involving horses.
Around 7:30 a.m. Monday, Bedford County Animal Control deputies
executed a search warrant for a home in the 300 block of Stewart
Street in Vinton. We're told the warrant was the result of an
on-going investigation involving animal cruelty by deprivation of
horses by 51-year-old Gary Chisom.
On March 30, Chisom was arrested by a Bedford County Animal
Control deputy and charged with animal cruelty. We're told
that charge is still pending in Bedford County General District
Court.
Owner forfeits horses to county
And has only 30 days to sell off all his cattle
5/12/09 Bedford Bulletin
By Tom Wilmoth
The Bedford County man accused of animal cruelty has agreed
to forfeit all but one of his 24 horses to Bedford County,
On March 30, Gary Chisom, 51, was arrested
by a Bedford County Animal Control deputy and charged with
animal cruelty. Last week animal control deputies executed a
search warrant at 304 Stewart St. in Bedford County, as part of
an ongoing investigation with the case.
The search warrant specifically was
looking into the deprivation of horses by Chisom, the owner of
the horses, and during the search the 24 horses were found on
the property, most of them in poor condition,
according to Bedford County Attorney Carl Boggess.
During a civil hearing in Bedford County
General District Court Monday, Boggess stated that a majority of
the horses registered between a 2.1 to 3.5 on a scale of 9 in an
Equine Body Condition Scoring system. That meant they were
classified, when taken last week, from very thin to thin.
“It’s just a horrible situation,” Boggess
said after the hearing about the conditions the horses were
being kept in, and “the little amount of food” they were being
given. “He was literally starving them to death,” Boggess said.
As part of the agreement to forfeit the
horses, Chisom agreed to pay the $10,700 the county has spent
this past week to care for the horses, which included getting
them emergency veterinary care. The agreement also stated that
Chisom has 30 days to sell all the cattle he currently owns.
Bedford County Chief Assistant
Commonwealth’s Attorney Wes Nance was also present during the
hearing and said that the office has, in principle, reached an
agreement with Chisom about the number of charges that will be
presented to the June grand jury in connection with the
investigation. Nance also agreed to drop the current animal
cruelty charge and allow that to also be taken up by the grand
jury when it meets.
Chisom does have the option to keep one of
the horses, assuming that the conditions of the agreement are
met. That horse would have to be gelded and Chisom agreed that
he would no longer be involved with breeding, boarding, training
or caring for any agricultural animals. He also agreed to have
the horse he would retain under a veterinarian’s care as well as
providing adequate hoof care. He also agreed to allow animal
control officers “unfettered access” to his property upon
request.
“Take this as an opportunity to do
something else,” stated General District Judge Harold Black to
Chisom, about the fact that he could no longer raise
agricultural animals.
Because of the ongoing criminal
proceedings Chisom’s attorney, Darren Shoen, said he could not
comment on the case.
The horses were removed from Chisom’s
property and boarded by members of the United States Equine
Rescue League. Volunteers with the organization came from all
over Virginia as well as the Carolinas.
According to the report from the sheriff’s
office, the case started out several months ago as a zoning
issue. Bedford County zoning allows for only one horse per
fenced acre, but Major Ricky Gardner said Chisom allegedly had
24 horses on about an acre and a half of fenced property.
He said animal control investigators have
been monitoring the situation since the first of the year.
Gardner said Chisom had been promising to
take care of the situation and the animals, but hadn’t.
