A Jones County Probationer serving his sentence under sex offender conditions was denied his request to worship in a public park in Macon, which required an exception to the sex offender conditions to be allowed.
Matthew Donald Shields was in Jones County Superior Court July 8, representing himself in the motion for the modification of his probation. After hearing from Shields and Assistant District Attorney Cara Fiore, who opposed the motion on behalf of the state, Superior Court Judge Terry Massey denied Shields’s request.
The defendant argued his right of freedom of religion when presenting the motion. He said he practiced the religion known as Falun Dafa, which is an offshoot of Buddhism. The practice’s most visible aspects are five slow and gentle exercises, including a sitting meditation, which was what Shields alleged needed to be done in the park.
Shields had a witness who testified to the congregate setting for the practice of the religion, and Massey also asked questions of Jesse Gibbs, who is the assistant chief of the Department of Community Supervision in Jones County.
The judge asked if the probationer was prohibited from attending other churches, and Gibbs said no. Massey said his concern would be if Shields was restricted from practicing his religion.
Gibbs said sex offender conditions do not prohibit the probationer from attending church. The problem was the park where this religion is practiced.
“It’s in a small area where he could come in contact with minors,” the officer said.
The judge said he was not concerned about the type of religion and asked why it must happen in a park setting.
Shields said it was because of the meditations.
Massey said his concern was what would happen after the meditations.
“He could stay after and would be in a public park.”
Fiore said this was not the first attempt by Shields for the exception.
“The issue is the park. He is still in sex offender treatment, and he is still considered a risk to reoffend,” she said.
She said he violated his probation in 2005 for using the internet, he was revoked to prison in 2009 and again in 2016 for violations.
“He had a recent hearing about the internet again. Probation is voluntary and a probationer agrees to the conditions,” the prosecutor said.
She said his probation ends Oct. 21, 2024, and added that the state is opposed to the exception to his sex offender conditions.
Shields said the recent internet hearing was about using a Kindle. He said he has two years and four months remaining on his probation.
“The practice of my religion is good for me and my rehabilitation,” he said.
Massey did not hesitate in presenting his ruling after listening to the arguments by Shields and the state.
“The court finds you failed to submit evidence that your first amendment rights are being infringed upon. When other churches end, the building is empty. In the park, you could be left there,” he said. “The probation conditions are to protect the public, and I deny the petition as relates to public parks.”
Shields was arrested Sept. 9, 2003, and charged with child molestation and entered a guilty plea to the charges of enticing a child for indecent purposes and incest in November of 2004. He had no previous criminal history and entered the plea under the first offender act.
He was back in court April 16, 2009, for a probation violation of attempting to foil a polygraph test. That issue, in addition to a previous violation, resulted in the removal of his first offender status. He was resentenced by Chief Superior Court Judge William Prior to 20 years with four years to serve in prison.
According to records from the Georgia Department of Corrections Shields entered prison Aug. 11, 2009, and was released April 10, 2013. He had another violation in 2016 and went back to prison for another four years from Sept. 27, 2016, to Aug. 31, 2021.
