Pastor of secretive religious group charged in murder of 4-year-old Colton boy says he now fears for his life

His Way Spirit Led Assemblies pastor Darryl Muzic Martin, charged with murder in the death of 4-year-old Timothy Thomas, begged to be placed in protective custody in jail on Tuesday, Feb. 10, after his attorney said, “The whole Crips gang is meeting as to whether he is going to live or die.”

Attorney Eugene Carson made the plea to Superior Court Judge Colin J. Bilash after the fourth day of testimony in the preliminary hearing for five members of the secretive religious order who are charged with murder. Carson said inmates have been watching news coverage of the case.

Martin, 58, his wife, Shelley “Kat” Martin, 62, and Timothy’s father, Andre Thomas, 49, are accused of failing to seek medical care  — choosing instead to attempt healing through prayer — when Timothy in early 2010 repeatedly said his stomach hurt and he eventually was unable to walk, according to testimony. He died about four days after he first complained.

Even hardened criminals take a dim view of the abuse or neglect of a child and sometimes make those convicted of such crimes pay with their lives.

Darryl Martin worried he might be next, not only at the High Desert Detention Center in Adelanto, where he is incarcerated, but even in the San Bernardino Justice Center.

“They were going to attack me downstairs,” Martin told Bilash, his voice sounding panicked.

Carson also asked that Martin be transported back and forth in a small van rather than a sheriff’s bus, which holds more inmates.

Bilash said he would order the San Bernardino County Sheriff’s Department to protect Martin and asked a bailiff for assurances that the message would be delivered. Deputy District Attorney Justin Crocker also said he would attempt to help.

This is the second time Carson has expressed concern about his clients’ well-being.

Friday, Carson criticized the medical care that Shelley Martin was receiving. He said he had limited access to her when she was treated at a hospital and that jail staff at West Valley Detention Center in Rancho Cucamonga had threatened to take away her commissary privileges if she went to court Friday instead of receiving treatment for a urinary tract infection.

“The health and well-being of all individuals in our custody are of the utmost importance,” sheriff’s spokeswoman Jenny Smith said in an email Saturday. “The allegations made by the attorney will be thoroughly investigated.”

On Tuesday, Carson said those issues had been resolved.

Shelley Martin, who calls herself “Prophetess,” is charged with two counts of murder in the disappearance of 40-year-old former congregant Emilion Ghanem and the other for Timothy’s death, and conspiracy to commit murder. Darryl Martin is charged with murder in Timothy’s death.

Rudy Moreno, 43, and Ramon Duran, 44, are charged with murdering Ghanem and conspiracy to commit murder.  Thomas is charged with murder in his son’s death.

All have pleaded not guilty.

At the conclusion of the preliminary hearing, Bilash will rule whether there is sufficient evidence to hold each defendant for trial on the filed charges.

Only one witness testified during the first three days: former congregant Kelli Byrd. She traced the history of the order that was founded in the late 1990s in Tennessee before settling in Colton and Hemet, what she said was increasing violence and demand for control of congregants by Shelley Martin and then Timothy’s illness. Byrd finished with the story of her ouster, in which she was given 15 minutes to pack for Nashville before being dropped off at a bus station with $666 in cash.

On Tuesday, Mariah Villock, Timothy’s sister and Andre Thomas’ stepdaughter, testified that the 4-year-old was her best friend. She described Timothy as vibrant and a lover of Oreos. When Crocker asked whether Timothy appeared healthy, she replied, “Very.”

“The only thing wrong with him is that he had stinky feet,” Villock added.

Villock, Timothy and their three siblings lived with the Martins in Colton in 2010, while Andre Thomas lived nearby with other congregants. He was separated from his wife.

Villock testified that Timothy complained about a stomach ache around Jan. 12, 2010. He also vomited.

Thomas asked Byrd, who was a high-ranking member of the order, whether Timothy could be taken to a doctor, Villock said. While Shelley Martin did not prohibit medical care, she strongly encouraged prayer as the initial treatment, Byrd had testified.

“Kelli Byrd said he had been prayed over and that he was healed,” Villock said. She (and previously Byrd) testified that Shelley Martin said Timothy was faking the illness.

Timothy died on Jan. 16.

As Villock left the courtroom, she smiled and waved at her stepfather. The defendant, his hands shackled, smiled and nodded.

Because of scheduling conflicts among the attorneys, testimony is not scheduled to resume until Feb. 23.