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	Shifflett to Waive Hearing Today By Liz Mitchell Culpepper Star-Exponent June 14, 2006 http://www.starexponent.com/servlet/Satellite?pagename=CSE%2FM GArticle%2FCSE_MGArticle&c=MGArticle&cid=1149188464795&path=!news Charles Shifflett, pastor of First Baptist Church of Culpeper, is scheduled to appear in Juvenile and Domestic Relations Court today for a preliminary hearing on charges of physical and sexual abuse against children. However, according to Commonwealth's Attorney Gary Close, Shifflett's defense attorney Samuel Higginbotham, of Orange, has waived his right to a preliminary hearing. While the defense will appear in court today to sign paperwork waiving this right, no one is going to testify, Close said. The case will now move to a grand jury Monday, which will decide if there is enough evidence to try the case in Circuit Court and, if so, a trial will be set at a later date. Shifflett, 54, was arrested on five separate occasions since Jan. 17 for a total of eight charges that include: child endangerment, cruelty and injury to children, indecent liberties with children and unlawful wounding of a 10-year-old girl, which has since been dropped. The incidents allegedly occurred when Shifflett was pastor of Calvary Baptist Church at its adjoining K-12 private school. However, Assistant Commonwealth's Attorney Tom Smith said prosecution will only pursue six charges and is still investigating other potential charges, with the help of the Culpeper County Sheriff's Office. Two of the original charges, which are related to cruelty and injury to children, occurred before July 1, 1991, Smith said. At that time, state law classified cruelty and injury to children as a misdemeanor, which carries a one-year statute of limitations. Now, the crime is considered a felony. "When a statue of limitations runs out, that is the end," Close said. In general, there is no statute of limitations on felonies, he added. The commonwealth is moving forward with six charges against Shifflett in relation to four victims, Smith said. The charges Four charges are classified as cruelty and injury to children. Three incidents occurred when Chad Robison and Woody Leake were students at Calvary Baptist Academy. The fourth charge relates to a potential victim, who has not come forward with his story, but involved a boy who was beaten with a 2-by-4 in front of his class in 1999. Robison, 29, and Leake, 28, came forward with their stories several months ago. They have stated that the charges involve a "tree game" they were forced to play. According to Leake, the boys were often taken out of class to work in the woods and cut down trees or split wood, which the church then sold to pay for teachers' salaries. Leake said Shifflett would force the boys who participated to stand close to the trees that were falling and if they didn't, Shifflett would call them names or belittle them for being scared. In Robison's case, Smith said the commonwealth is bringing forth a separate cruelty and injury charge, which relates to a charge of a sexual nature in which he was "tormented." Shifflett also faces two charges of indecent liberties with children against Robison and Liz Bailey, 35, who was also a student at the school in 1988. In order to prosecute as an indecent liberty with a child, Smith said the commonwealth must prove Shifflett had a lascivious intent with the children, meaning he committed the acts out of sexual lust. In Robison's case, Shifflett is accused of touching his penis and forcing Robison to do the same to him. In Bailey's case, Smith said, Shifflett rubbed his penis on her arm and when she tried to move away he grabbed her and pulled her toward him. However, Smith said there were other incidents from March 1991 to April 1992, in which Shifflett committed similar acts against Robison but did not get aroused. "So the only reason to deduct from that was he was trying to break his spirit, belittle him or torment him," Smith said. "So we are going to bring another charge (of cruelty and injury to children)." All charges facing Shifflett are Class 6 felonies, which carry a total sentence of up to 30 years in prison or a $15,000 fine. With the defense waiving its right to a preliminary hearing, Close said it would actually benefit the commonwealth, which can now wait on presenting its evidence. "In terms of the timing, there is absolutely no delay," Close said. "I think it can be a benefit to the commonwealth or the defense. In this particular instance, we think it is to our benefit." Liz Mitchell can be reached at 825-0771 ext. 110 or emitchell@starexponent.com.
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