Embattled church pastor Juan McFarland has complied with a judge's order to turn over keys, bank accounts and a Mercedes Benz to Shiloh Missionary Baptist Church officials prior to a 5 p.m. deadline, according to the church's board of trustees chairman.
The ousted pastor arrived in the Mercedes around 4 p.m., surrendered it to the church, and drove away in a different Mercedes with an unidentified woman.
McFarland did not say a word during the hearings. He left the courtroom and stepped onto an elevator with two men.
The ruling against the pastor came several hours after Judge Price called a morning recess for the courtroom, packed with more than two-thirds of the church's members. Juan McFarland sat on the very back row and had to be called to the front by the judge to join his co-defendant.
Both McFarland and his co-defendant, Marc Peacock, Sr. were being sued by church members who say they voted McFarland out of the church by an 80-1 margin after he admitted from the pulpit to having sexual relations inside the church building - with congregants - while knowingly having AIDS. McFarland has also admitted to drug abuse and misuse of church finances. Still, the pastor has refused to step down.
Peacock was being sued for his alleged role in helping McFarland change the church's locks, bank accounts and threatening to shoot deacons if they returned to the property. During Thursday's hearing, Peacock, Sr., resigned his membership with the church and was removed from the lawsuit.
McFarland had no legal counsel, instead choosing to represent himself. He did not say anything in the courtroom during the morning portion of the hearing. Peacock was represented by attorney Charles Anderson.
The lawsuit claimed McFarland passed a new church constitution in 2013 giving himself total control of the church while only a few members were present.
"They all thought it was wrong and when they discovered it, they took measures a couple of weeks ago to pass resolutions that did away with that constitution. Also another resolution establishing who the board of deacons was and who is on it and then a resolution terminating Pastor McFarland," said church attorney Julian McPhillips.
The suit sought the termination and removal of Juan McFarland from all aspects of Shiloh Missionary Baptist Church. That would include turning over the keys, bank account access and the church-owned Mercedes Benz. It also requests that Marc Peacock, Sr. be removed from any official capacity with the church.
[DOCUMENT: Shiloh Missionary Baptist Church lawsuit (.pdf)]
During the morning hearing, each side was allowed two witnesses to explain the situation. Head Deacon Nathan Williams, Jr. and Deacon Lee Sanders spoke on behalf of the church, while Peacock spoke on his own behalf and church member Chauncey Ballard spoke for both defendants.
The plaintiffs argued that an emergency injunction should be put into place, returning access to church bank accounts. They argued that if the court did not return access to the accounts, they would miss a $2,000 promissory note payment on the church building that is due by the end of the day.
The plaintiffs sought an immediate injunction while defense attorney Anderson attempted to have the case dismissed citing the court's lack of jurisdiction in a matter involving a religious issue. Judge Price immediately dismissed Anderson's request saying this isn't his first case involving a church, adding that he does have jurisdiction if the church can't resolve the issue on its own.
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.
McPhillips says Juan McFarland arrived at the church on Sunday, Oct. 12 -- the Sunday after he was voted out -- 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," McPhillips said.[Montgomery pastor admits to having AIDS, sleeping with church members]
[Deacon: Pastor who admitted to AIDS, sex with congregants, changed locks and bank accts.]
CALLS FOR RESIGNATION
Shiloh Missionary Baptist is a member of the National Baptist Convention. The president of that group is the latest to call for Juan McFarland's resignation.
President-Elect of the National Baptist Convention Dr. Jerry Young released this statement:
"The National Baptist Convention has been made aware of the situation regarding Pastor Juan McFarland and Shiloh Missionary Baptist Church in Montgomery, AL. Because of the nature of Baptist Polity and the autonomy of each local congregation, the National Baptist Convention, USA, Inc., does not, nor can it, exercise ecclesiastical authority over that matter. However, Dr. Cleveland McFarland (no relation), who serves as President of the State Moderators in Alabama, has been instructed to meet with Pastor McFarland to bring a swift resolution to this situation. It is of the utmost importance that those who preach the Gospel with their lips, practice the Gospel with their lives. The Gospel cannot simply be declared, it must be demonstrated! In the final analysis, those who claim to be followers of Christ, must endeavor to make sure that they extend His life and that they express His love. Consequently, there are times when in the interest of Christ, His cause, and His church, we must do what is selfless and surrender our personal interest for the good of Christ and His kingdom. Our prayer is that God will give to Pastor McFarland and the members of Shiloh M. B. Church the courage to do only that which is in the best interest of Christ and His cause. We would hope that they would come to the realization that in order to be effective and efficient as a church, they must have moral authority. Whenever there has been a compromise of the leader's moral authority, it becomes incumbent upon that local congregation to determine whether or not that leader should remain in that position. I hope and pray that Pastor McFarland would provide an opportunity for the church to make its' will known in this matter, in accordance with Baptist Polity and the Word of God."
The Alabama State Missionary Baptist Convention, which includes Shiloh Missionary Baptist Church, is also calling on Juan McFarland to resign.
Reverend Cleveland McFarland Jr.,( no relation to Juan McFarland) 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 asked 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.
[DOCUMENT: Alabama State Missionary Baptist Convention letter to Rev. Juan McFarland and Members (.pdf)]
VOTED OUT BY CHURCH MEMBERS
WSFA 12 News has obtained hard copies of resolutions that deacons read aloud during church service on Sunday, Oct. 5.
[DOCUMENT: Removing and terminating pastor(.pdf)]
[DOCUMENT: Bylaws declared null and void(.pdf)]
[DOCUMENT: Church deacons reaffirmed(.pdf)]
McPhillips says he met with four deacons, including Deacon Chair Nathan Williams, Jr., and drafted the very detailed resolutions.
"He [Juan 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.
Juan 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.