Judge halts probation
for pot-smoking
minister

Dennis Shields failed to sign
the terms of his probation

By Chris Loos
Special to the Star-Bulletin

KEALAKEKUA -- A Big Island judge has agreed to halt the terms of probation for a Captain Cook minister convicted of possessing marijuana pending appeal of his case.

Dennis Shields, 49, of Captain Cook, is a minister in the Religion of Jesus Church, which uses marijuana as a sacrament.

He was arrested Nov. 4, 1994, after police raided his house and found nearly eight ounces of the illegal weed.

A Kona jury convicted Shields April 10, rejecting his argument that he has a religious right to the substance under the U.S. Religious Freedom Restoration Act of 1993.

Circuit Judge Ronald Ibarra sentenced Shields to a 90-day suspended jail term and one year probation.

Shields has appealed the conviction.

Ibarra ordered Shields into court yesterday to show why he should not be in contempt of court for failing to sign the terms of his probation.

His attorney, Jack Schweigert, argued in court that state law allows the court to defer the terms of probation pending the outcome of the appeal.

The judge agreed but told Shields he is still required to follow the law until the state Supreme Court rules.

Shields later said he could not sign the document because he would be required to submit to random drug testing.

That would conflict with new rules of his church.

Two days after Shields was convicted in the drug trial, church founder James Kimmel announced that marijuana use now is mandatory for church members "for daily meditation and worship."

According to Shields, the church imposed the requirement because the previously optional use of marijuana influenced the jury to vote for conviction.

Shields said he was prepared to go to jail for what he sees as his inalienable right to freedom of religion.

"At some point in time there is a Rosa Parks who comes along and says, 'No, I'm not gonna go to the back of the bus,'" Shields said.