Prosecutors this week filed a second murder charge against Darryl Muzik Martin, pastor of His Way Spirit Led Assemblies, with this count coming in connection with the 2023 disappearance of a former congregant.
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San Bernardino County District Attorney Jason Anderson attributed the new charge to “further evidence that came out throughout the (preliminary hearing).”
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Martin was also charged Wednesday, May 27, with conspiracy to commit murder.
Testimony concluded Wednesday in the preliminary hearing for five congregants accused of murder in the apparent death of congregant Emilio Ghanem, 40, and the death of 4-year-old Timothy Thomas, entrusted to the care of the religious order’s leaders, Martin and his wife, Shelley “Kat” Martin.
Superior Court Judge Colin J. Bilash set a June 22 date for the attorneys to make their cases at the San Bernardino Justice Center concerning whether each defendant should face a trial. Bilash said he will rule later.
Shelley Martin, 63, is charged with two counts of murder, one for Ghanem and one for Thomas, who authorities say died from a ruptured appendix after the Martins and his father failed to seek medical care; as well as conspiracy to commit murder. Darryl Martin, 58, was initially charged with murder in Thomas’ death.
Rudy Moreno, 44, and Ramon Duran Jr., 44, are charged with murdering Ghanem and conspiracy to commit murder. Timothy’s father, Andre Thomas Sr., 49, is charged with murder in his son’s death.
All have pleaded not guilty and remain in custody.
Prosecutors contend that the Martins ordered Moreno and Duran to kill Ghanem after he broke from the congregation, formed a pest control company to rival the one operated by the church, and siphoned away customers. Ghanem was last seen at a Starbucks in Redlands on May 25, 2023.
There has been no testimony declaring that such an order was made or how Ghanem was killed. But witnesses have testified that anyone failing to follow the Martins’ orders — particularly those from Shelley Martin, who calls herself the “Prophetess” and says God speaks through her — was subject to punishment such as a loss of driving privileges, banishment from the order or beatings.
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On Wednesday, Eugene Carson, the Martins’ attorney, objected to the new murder count. He said that had he known that the charge would be filed, he would have prepared differently. Deputy District Attorney Justin Crocker had said in court on March 25 that the DA had planned to file the charge.
Bilash told Carson that he had already put on a “spirited defense” of Darryl Martin.
In the Timothy Thomas case, Crocker on Wednesday displayed a notarized letter signed by Thomas Sr. and his wife, Iris Thomas, signing the care of Timothy and three siblings over to the Martins for one year starting on Dec. 3, 2009. Colton police Detective Shawn McFarland testified that the Thomases were having marital and financial difficulties.
Previous testimony indicated that His Way members provided incomplete statements about the illness Timothy suffered for two weeks before his death on Jan. 10, 2010, and as a result, no charges were brought. It was only after Redlands police began investigating the religious order that Colton police reopened their probe.
Witnesses had also testified that the Martins would only reluctantly allow congregants to seek the care of a doctor or hospital, instead relying upon what one girl said was “Dr. Jesus.”
Timothy lived in three Colton homes run by the church, sometimes with the Martins and sometimes with congregant Kelli Byrd, McFarland testified. The boy vomited, was in pain and appeared listless off and on in the two weeks before he died, said the detective, adding he based his testimony on a child welfare agency’s videotaped interviews with Timothy’s siblings.
Bilash said his decision on who was responsible would focus on who was aware of the two-week illness, not on who saw the boy last.