IRVINGTON, Ala. — A local pastor has been charged with three counts of witness intimidation, according to the Mobile County Sheriff’s Office.
On August 14, 2025, Mobile County deputies arrested Pastor Robert Michael Wagley of the St. Elmo Seventh-day Adventist Church on three counts of intimidating a witness. According to jail records and witness accounts, several church members who had assisted law enforcement in a separate criminal investigation were subsequently stripped of their church offices and escorted off the property. The sheriff’s office alleges these actions were meant to punish cooperation with authorities. This unusual situation opens a can of worms for churches, SDA and otherwise.
Please note, Pastor Wagley has not been convicted of any crime, and under U.S. law, all defendants are presumed innocent unless and until proven guilty in a court of law. Details of the case are still emerging, and further developments may clarify or alter the current understanding of events.
This arrest is an uncommon example of witness intimidation charges emerging from a church dispute. Alabama law does not require threats or violence to support such a charge; retaliatory conduct that results in the loss of status or benefits for cooperating with law enforcement can be enough. Investigators believe that is what occurred in St. Elmo, and they now aim to prove that the internal removals were not doctrinal decisions, but calculated retaliation. This could have implications for other churches who remove people from church offices.
The investigation that led to the controversy began weeks earlier, on June 30, when deputies arrested John Penrod, a registered sex offender previously convicted in Michigan for second-degree criminal sexual conduct involving a child under 13. Penrod was charged with violating Alabama’s sex offender registration requirements by volunteering at the church in the presence of minors without providing the necessary legal notice. The church denied he had unsupervised access to children and issued a public statement affirming their cooperation with law enforcement.
Here’s the rub.
Under Alabama Code § 13A-10-123, a person commits the crime of intimidating a witness if they threaten, coerce, or retaliate against someone for cooperating in a criminal investigation. While often associated with violent or overtly aggressive acts, the law encompasses non-violent actions that result in adverse consequences tied to cooperation. In this case, no reports of physical threats or harm have surfaced. Instead, the allegations revolve around members being demoted, removed from responsibilities, or physically escorted out after working with authorities.
According to Religious Liberty TV, this case also touches on the Alabama Religious Freedom Amendment, which requires the state to demonstrate a compelling interest when burdening religious exercise. Pastors and church leaders sometimes invoke this protection in disputes involving membership or discipline. But courts have consistently ruled that neither the Free Exercise Clause nor similar state provisions can shield criminal conduct. The state’s interest in preventing witness retaliation is considered one of the strongest interests in constitutional law.
What makes the Wagley case especially unusual is the setting and the charge. Criminal prosecutions for witness intimidation within churches are exceedingly rare. Church leaders frequently remove individuals from roles for doctrinal or personal reasons, and the law generally defers to those internal decisions. However, when motive shifts from religious governance to retaliation for assisting in a criminal case, the conduct enters a legal category subject to prosecution.
The case now hinges on intent. If the court finds that Wagley acted not out of religious conviction but to penalize members for cooperating with law enforcement, the witness intimidation charges could stand. If the removals were instead rooted in church discipline or unrelated issues, the defense may argue they fall under protected religious governance.
Because the allegations involve church leadership, criminal law, and First Amendment protections, legal experts are watching the case closely. It raises the question: when does internal discipline within a religious body cross the line into unlawful coercion?
Pastor Wagley remains in custody pending a preliminary hearing. No court date has been announced, and prosecutors have not confirmed whether additional charges or witnesses will be added to the case.
This case raises a broader concern that goes beyond legal arguments: situations like this should not arise in the first place. Churches and other religious institutions have the ability—and responsibility—to implement clear, transparent policies governing the treatment of individuals who report suspected criminal activity. When policies explicitly protect whistleblowers and require cooperation with law enforcement, it reduces the likelihood of confusion or retaliation and builds trust within the congregation. Institutional safeguards, such as third-party reporting mechanisms, written procedures for handling allegations, and internal non-retaliation rules, can help prevent misconduct while preserving the church's autonomy. Without such safeguards, even legitimate actions may be perceived as punitive, creating risk not only for the institution’s legal exposure but also for its moral credibility.
Bottom Line
A sex offender from Michigan (John Penrod) attended the Saint Elmo 7th Day Adventist Church in Alabama and was apparently holding a position in the church.
Mr. Penrod evidently failed to notify authorities about his participation in the church activities.
Some members were escorted from the church property by the Sheriff’s office by a local elder.
The evicted members said they were trespassed from the church property for cooperating with authorities regarding the sex offender case. Other members reported the loss of significant church roles allegedly due to their cooperation with authorities.
Robert Wagley, the pastor of the church, was arrested on Thursday, Aug 14 and is charged with three counts of witness intimidation, according to jail records.
We’ll see how this strange situation plays out, and report on it as more information develops. Remember, innocent until proven guilty.
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