Lawsuit Seeks Removal of Pastor Who Admitted Aids, Sex, and Drug Abuse

By Tametria Conner
WTOC
October 14, 2014

http://www.wtoc.com/story/26772387/lawsuit-seeks-removal-of-pastor-who-admitted-aids-sex-and-drug-abuse

A lawsuit is now pending in Montgomery Circuit Court against the embattled pastor of Shiloh Missionary Baptist Church who refuses to step down from his position even after being voted out by church members by an 80-1 margin.

Juan Demetrius McFarland was removed from his leadership role by the church after he made several pulpit confessions in which he admitted to sexual relations with congregants inside the church building while knowingly having AIDS, to drug abuse and to mishandling of the church's finances.

[DOCUMENT: Shiloh Missionary Baptist Church lawsuit]

The attorney for the deacons who are suing for Juan McFarland's removal says Juan McFarland arrived at the church on Sunday with a prepared sermon on divine healing.

“The majority of the members were shocked. There were only about 50 people there. But why show up to a church you have been voted out of? A lot of members are intimidated. He has run that church like a dictator over the years,” Julian McPhillips, attorney for the deacons, said.

McPhillips and his law partner, Kenneth Shinbaum, represent the church and say it's clear that a legal battle is the only way to make Juan McFarland turn over the keys, bank account and access to a church-owned Mercedes Benz. They also want a judge to enjoin both Juan McFarland and Peacock from acting in any official capacity of the church.

Just moments after Juan McFarland was voted out, a disturbance erupted in which Montgomery police were called to the church. Police say subjects refused to leave the property but the issue was resolved and no one was arrested or removed from the property.

[Montgomery pastor admits to having AIDS, sleeping with church members]

But even after being forced out, Juan McFarland, as well as a second defendant identified as Marc Anthoni Peacock, are alleged to have changed the church's locks and bank account access. Peacock is also said to have informed the church's Board of Deacons that if they tried to attend the church, he would use "castle law", meaning he would shoot them.

[Deacon: Pastor who admitted to AIDS, sex with congregants, changed locks and bank accts.]

The Alabama State Missionary Baptist Convention, which includes Shiloh Missionary Baptist Church, is also calling on Juan McFarland to resign.

Reverend Cleveland McFarland Jr., is the president of the Alabama State Missionary Baptist Convention Moderators Division, which oversees more than 1,000 churches and 100 moderators statewide. Juan McFarland is Moderator of the Alabama Middle District Missionary Baptist Association, which includes about 34 churches.

Cleveland McFarland is asking Juan McFarland to peacefully step down and spare Shiloh Missionary Baptist Church and the association from further harm. He says he personally spoke with Juan McFarland who said he would fight it and not step down.

Cleveland McFarland and Juan McFarland are not related.

Cleveland McFarland says he met with more than 50 local pastors and leaders of the Middle District Missionary Baptist Association Tuesday morning in Montgomery. They have prepared a letter asking Juan McFarland to resign, and they will be presenting that to him soon.

[DOCUMENT: Alabama State Missionary Baptist Convention letter to Rev. Juan McFarland and Members]

Collectively, they're saying something must be done to put this to rest.

"It is only the church that can kick him out. The association, the president or whatever can't kick him out because it's an agreement with churches on their own accord that we make association, that we work together. We can only voice our opinion and only share what we feel is right," Cleveland McFarland said. "But see the church supersedes everything and everybody. I say the church is the Supreme Court. The church decides what she wants to do, when she wants to do it and how she wants to do it. We all ought to be governed by the word of God, the Bible and if it goes against it the Word then as far as we are concerned it's not spiritual and it's illegal."

Cleveland McFarland says the association has discussed investigating Juan McFarland's use or misuse of funds. Juan McFarland has already admitted to mishandling Shiloh church funds, knowingly having AIDS and not sharing his status to the members he slept with inside the church and drug use.

"How do we help him? Because he needs help and as Christians that's what we want to do. We also want to help the church because they are going through a lot of pain and turmoil,” Cleveland McFarland said.

Cleveland McFarland says even though Juan McFarland took full responsibility for his actions, he admitted that he knowingly placed the lives of his congregation and community in danger, therefore forfeiting his ability to lead.

WSFA 12 News first broke this story, which has since been seen around the country and world, and spoke exclusively with members of the church and Juan McFarland, himself. The pastor confirmed to WSFA 12 News by both telephone and text message each of the shocking details that lead to the public outcry and his ouster from the pulpit.

Juan McFarland also confirmed when asked by WSFA 12 News that he was not going to step down from his position, even in light of his visibly failing health and the fact he had taken a leave of absence of preaching prior to the start of his Sept. 14 confessionals.

WSFA 12 News has obtained hard copies of the resolutions that deacons read aloud during church service on Sunday, Oct. 5. Portions of those resolutions were aired on WSFA 12 News' original report.

[DOCUMENT: Removing and terminating pastor]

[DOCUMENT: Bylaws declared null and void]

[DOCUMENT: Church deacons reaffirmed]

McPhillips says he met with four deacons last week, including Deacon Chair Nathan Williams, Jr., and drafted the very detailed resolutions.

“He [McFarland] thinks he is above the fray or the fight. He is not above the fray. He caused the fray,” McPhillips said.

Williams has insisted the majority of the members just want to take back their church.

“We want peace. We are not trying to hurt him [McFarland]. We want to move forward the right way and start healing,” Williams said. “He is not the dictator. He called five people up to the front, including me the deacon chair, the co-chair, the associate pastor and the minister of music and said your services are no longer needed,” Williams explained.

McPhillips confirmed Juan McFarland does not have a lifetime contract with the church, which was once thought by some.

“Even if he did, you have to remain in good standing when you sign any contract and he has proven with his own confessions that he has not. So it would be void anyway, but the fact is he does not have a contract with the church,” McPhillips says.

Williams said the church is a part of the Baptist Association based out of Nashville, TN in which the association's bylaws state the majority of the membership controls the operation of the church.

“So we do have a right to vote him out of the church. It should stand,” Williams said.

McFarland has not been charged with any crime, despite Alabama law stating it's a Class C misdemeanor to knowingly spreading a disease, because no victim has come forward to press charges.