Pastor Is Free but Homeless Still Must Go

A Southern Baptist preacher who violated city ordinances by allowing homeless people to live on church property was spared a jail sentence on Friday, but his church was ordered to comply with city building codes.

Municipal Judge Gregg L. Prickett sentenced the Rev. Wiley S. Drake to 1,500 hours of community service, which was immediately credited in light of the pastor’s work with the indigent, and a $100 fine, which was later waived.

The judge required that Drake’s First Southern Baptist Church of Buena Park either move the flock of homeless people from an enclosed patio and parking lot or build another structure.

Drake expressed relief that he doesn’t have to go to jail but continued to criticize city officials for what he perceived as their campaign to prevent him from doing God’s work.

“This is an absolute atrocity,” Drake said.

A jury in Fullerton convicted Drake and his church in July of four misdemeanor counts focusing primarily on the illegal use of the patio and parking lot where about 75 homeless men, women and children are still living. The pastor had faced a maximum of two years in jail and a $4,000 fine.

Drake has been helping the homeless who arrive at his church for the past several years, on many occasions helping them find jobs.

Assistant City Attorney Gregory Palmer had argued during the trial that the city is not against the pastor’s efforts to help the poor, but is against Drake’s disregard of the law.

In handing down the sentence Friday, Prickett told a packed courtroom, “It is a shame when it becomes necessary, in this day and age, for a case like this to end up in criminal court.”

While he found that there is a need to help the homeless, Prickett also told dozens of people who came to support Drake, including four of the jurors who convicted him, that the city has a duty to protect its citizens by upholding the law.

“That doesn’t mean we stop helping people,” said Prickett, who himself is involved in food distribution programs for the poor.

Speaking to reporters outside the courthouse, Drake said, “The judge is misled in this.

“I’m going to keep doing what I’m doing,” said Drake, who added that he doesn’t plan to force out people currently living at the church.

Drake and other church officials have submitted plans to the city to build a permanent structure behind the church. Drake is also working as a board member on Shelter First, a charity organization that helps find housing for the homeless, to purchase and refurbish motels to be used as shelters.

“We are working with [the city],” the pastor said. “But if it conflicts with the Bible, we’re not going to do it.”

The church, which was placed on three years’ probation, is required to submit a progress report by Nov. 14, when Prickett will determine whether good-faith efforts were made to work within the law. City officials said they would provide vouchers for motel rooms in an effort to help the church comply with codes.

Palmer, the prosecutor, said a new structure would be “the best result I could have hoped for.”

Palmer, who said he has received numerous hate mail letters and death threats because of his role in the case, hailed the judge’s ruling Friday but remained skeptical about whether Drake will comply with the law.

“This is not over . . . not by a long shot,” Palmer said. “As of tomorrow, [the church] will be violating probation if the homeless people are not removed.”

Lorraine Turner, a 40-year-old medical technician who had lived at the church when she was homeless, said the ruling will prevent others like her from getting help and getting back on their feet.

“I think the city should have been more lenient, more compassionate,” said Turner, who moved into her own apartment two weeks ago. “Without the church, I would not have a career. I would have been nowhere.”

Before the sentencing, defense attorney Jon Alexander sought a new trial and claimed jury misconduct, but Prickett denied the motion. Alexander said he is planning to appeal the case.

“This is not about being up to code,” Alexander said. “It’s about fixing the appearance of having homeless people in the city of Buena Park.”