Caleb and Mary Beery Unsuccessfully Attempt To Silence Author of “Thou Art The Man”

By | December 1, 2018
Mug Shots

Authored by Todd Wilhelm

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
-First Amendment to the Constitution of the United States of America

“The First Amendment to the Constitution protects five basic freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government. These civil liberties are the cornerstone of our democracy.

I begin this article with a sincere apology to former San Tan Reformed Baptist pastor Frank Urquidez. I assumed he mishandled the Beery’s case. I was wrong. I also apologize to a commenter named “SavedByGrace”  a member of the San Tan church, who in the comment section to this article patiently insisted that church leadership handled the case properly. He was right, I was wrong.

This morning I spoke with an individual who also attended the San Tan church and this person confirmed that Urquidez handled the Beery case correctly. I was also informed that the Beerys, contrary to reports found in court documents actually received excellent pastoral care; and loving care and concern from all the church members after their abuse of the infant child in their care became known.

I personally did not need any convincing that pastor Frank Urquidez handled the matter properly after I read the police report which was part of the official court records. ( With the exception of the Beery’s statements, I believe all the information contained in the Police Report.)  You can read the report here.

So, again, I apologize to Pastor Frank Urquidez and actually commend his actions as a model for other pastors to emulate when it comes to the correct way to handle child abuse in the church.

It is my understanding that Frank Urquidez is no longer in the ministry. Meanwhile, pastor Rob Holmes returned to John Giarrizzo’s “Grace Covenant Church.” (I recently wrote about the large-scale desertion of pastors, staff, and members from Giarrizzo’s church. You can find that article here. I have checked the GCC website and Rob Holmes has been preaching there. Need I say more?)

 

Now, on to the subject matter of this blog, specifically the Beerys attempt to silence me by infringing on my First Amendment rights.

 

Mary and Caleb Beery in happier days.

On Tuesday morning, November 13, 2018, a deputy from the Pinal County Sheriff’s Department came to my house and served me with two Injunctions Against Harassment, one from Caleb Beery and one from Mary Beery. You can view the documents below. The document contained a court order which, among other things, prevented me from “posting or texting on social media regarding the plaintiff.”

 

Injunction Against Harassme… by on Scribd

 

Injunction Against Harassme… by on Scribd

I was now effectively guilty until proven innocent! This whole process seems a bit anti-American to me. I didn’t realize that two convicted felons could whine about me writing on my blog about their criminal actions and a Justice of the Peace would then revoke my Constitutional right to free speech until such time as I requested a hearing and got the injunctions dismissed. But such was the case.

Not wasting any time, I proceeded to the Justice Court immediately and requested a hearing. Knowing that the wheels of justice generally turn quite slowly I was pleasantly surprised to be issued a date and time for the hearing right after I turned my paperwork in. My hearing was scheduled for Monday, November 19, 2018.

Fast forward to Monday the 19th and I was surprised to find the Beerys appeared at court in street clothes and unaccompanied by a deputy. They were to have reported to jail to begin their six-month sentence on Sunday, November 11th. Obviously, they had somehow gotten their reporting date pushed back. (More on that later.)

Caleb and Mary wrote the same things on their injunction forms about me. They claimed that I published “false and damaging information about me and the charges filed against me.” In the hearing, Caleb stated they never scalded the baby girl in their care. He maintained their narrative that they “only” spanked the baby girl with a spatula excessively hard.  So as I understand it, the Beerys are claiming that the false information I wrote about them and the charges were that they scalded the fourteen-month-old baby girl in their care. Once again I refer the reader to the Police report contained in the Presentence Investigation which is part of the official court record of the Beery case. Please read the highlighted sections below and determine whom you believe – the Beerys or Deputy Lynse, the medical professionals at Banner Ironwood Hospital and Mr. Ryan, the adoptive father of the baby girl whom the Beerys plead guilty of abusing.

 

As to the “damaging information,” Caleb Beery testified in the hearing that he was fired from his job because of what I wrote on my blog. He said the first thing that comes up when you Google his name are my blog articles. I admit my blog often turns up high on the list when you Google any number of so-called Christians who have abused children but am I really the person to blame?  Refresh my memory, did the Beerys not each plead guilty to two counts of Class 6 Felonies of child abuse? I make the best effort I can to be factual in my reporting and take much time and effort to conduct research.  Again, I just listed above a document which has two versions of what happened to the baby in the care of the Beerys. Who are you going to believe?

Allow me to add some further evidence that would seem to impeach the trustworthiness of the Beerys version of events.  Below is a screenshot of a court document filed by Bruce Feder, the attorney for Mary Beery.

Would it be more reasonable to believe that the prejudicial photographs of the baby girl’s injuries resulted from spanking her with a spatula or dipping her bottom in scalding hot water?  Does anyone know of a person scared for life from receiving a spanking with a spatula?

Additionally, I was told today by a former member of the now-defunct San Tan Reformed Baptist Church that the Beerys never once allowed a nursery worker to change the diaper of the baby girl in their care.  Why not? I believe the answer is evident. So does the individual whom I talked to. This same individual told me the Beerys initially repeatedly stated to San Tan Reformed Baptist Church members that they would not plead guilty to the charges because they were innocent, but once they realized that the State had photographic evidence of the injuries to the infant girl provided by the Department of Child Safety they changed their tune. Suddenly the claims of innocence ceased, and obviously, the Beerys plead guilty to the charges they once claimed they were innocent of.

As to it being my fault that Caleb Beery lost his job, well that sure seems to contradict what many of the Beerys supporters wrote in their letters to the Judge. For example, Trey Richardson, in his original letter of support which he has now retracted, wrote:

“While at the same time they have always taken full responsibility for their past actions with her, and not directed blame to anyone else in this.”

Uhm, yeah, not so much.

Beerys are supposed to be allowed to participate in the work release program while serving their six-month jail sentence. (Rather tough to do when you don’t have a job!) Below are what Pinal County requires from inmates who request to participate in the program. Notice what the employer is required to provide. What boss, when asked to provide this information is not going to exhibit a normal amount of curiosity and do a little checking into what exactly it is that has landed his employee in jail?

Further, what employer is going to want a felon who plead guilty to two counts of child abuse on the payroll? But yeah, it’s my fault that Caleb lost his job.

The bottom line is my faith in the American justice system was somewhat restored, the injunctions against me were dismissed. (I say somewhat because here are the laws on what is supposed to take place prior to an injunction against harassment is issued. I can say some of these requirements were not met.)

Dismissal of Injunctions Ag… by on Scribd

Meanwhile, as I suspected, the Beerys have been granted a delay in their reporting date to the Pinal County Jail. I imagine Caleb is having a tough time finding work as a convicted felon, a task not made any easier by the fact that his new employer would have to put up with the restrictions placed on the jail-bird by the work release program. I think of the poor baby girl scared for life by the Beerys and I don’t have much sympathy for the Beerys.

The Beery’s hearing is on Friday, December 7, 2018 at 1:30 P.M. at the Superior County Courthouse in Florence, AZ. Here’s hoping the Judge determines he has cut the Beerys enough slack and sends them straight to jail to serve their 180 day sentences. Just remember, when they have completed their sentences the scarred buttocks of the infant girl the Beerys abused will not have faded.

 

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Douglas R Belardi

Paul named Names
2 Timothy 2:14-19 New American Standard Bible (NASB)

14 Remind them of these things, and solemnly charge them in the presence of God not to wrangle about words, which is useless and leads to the ruin of the hearers. 15 Be diligent to present yourself approved to God as a workman who does not need to be ashamed, accurately handling the word of truth. 16 But avoid worldly and empty chatter, for it will lead to further ungodliness, 17 and their talk will spread like gangrene. Among them are Hymenaeus and Philetus, 18 men who have gone astray from the truth saying that the resurrection has already taken place, and they upset the faith of some. 19 Nevertheless, the firm foundation of God stands, having this seal, “The Lord knows those who are His,” and, “Everyone who names the name of the Lord is to abstain from wickedness.”

2 Timothy 4:10 New American Standard Bible (NASB)
10 for Demas, having loved this present world, has deserted me and gone to Thessalonica

Saved By Grace

Todd,
Thank you for providing clarification to the innocence of Frank Urquidez, I understand that as the story starts developing, with limited resources, sometimes misunderstandings can take place…especially when there is such a close association between what is taking place among member churches at that time. A point of clarification… When I posted about Frank’s innocence I never was a member of San Tan Church, I had attended, but I was a member of GCC and knew by character what man Frank was and is.

In the reference to the initial article, when I responded later in the discussion, I said that I had never spoke about Tom Chantry, because me like many others were in the dark about that whole affair. This website and it’s contributors definitely provided a venue for many to be made aware of the Chantry affair long after it had seemed like it been soft pedaled to the congregation regarding Chantry’s guilt. I, like so many others were unaware of the investigatory process that had been diligently taking place by the Elders of GCC. It speaks well that they chose not to talk about it until their investigation was concluded and that they had irrefutable evidence about what had taken place.

With the collective history of the church down through the ages, it simply amazes me that men that profess to be ministers of the gospel somehow think that they are somehow divinely shielded from an omnipotent, omnipresent, omniscient GOD…especially since we know from scripture and history that the light of truth will while maybe not immediately present a clear picture, the truth will be borne out.

I cannot speak for Frank, but what I know of him I am sure that he just wants to move on in his life and serve Christ faithfully. As to GCC if it were a business, one might say the brain trust is gone, as a church the collective loss of spiritual leadership of truly wonderful men and women with a vast knowledge of scripture and wisdom earned over several decades is quite remarkable..

Susan Sonander

Todd, were you contacted directly by the relevant parties before they filed an injunction alleging harrassment against you? According to the document you posted above, by law I think that the judge was supposed to ensure that they made a good faith effort to discuss any perceived instances of harrassment with a defendant unless doing so might cause irreparable harm.

I can’t imagine why they could not contact you directly as all that’s being vaguely alleged in the injunction is slander, not violent threats or any other type of harrassment for which protective orders are normally issued.

If the judge thought that these violent, confessed felons would suffer irreparable harm by e-mailing you about their concerns, did he set up a premliniary hearing before issuing a permanent injunction? My reading of the legal document you posted is that he should have done so to give both parties a chance to plead their cases.

I personally think that the injunctions are a terrible abuse of the protective order system. The goal was only to stomp on your First Amendment rights. In what universe did you harrass the relevant parties unless free speech inherently constitutes harrassment?

This whole situation seems fishy to me. I’m not accusing anyone of corruption, yet is it possible that there was some kind of prejudice against you in this case? Heaven knows that there are some awful and well-funded organizations after Todd Wilhelm.

Steve240

Todd

I am glad you prevailed here. Is this couple trying to issue a restraining order similar to the old “gossip and slander” card that many use to try and shut down awareness. In this day and age people have to understand that it is a lot harder for their actions to be hidden.

What this couple did was a whole lot more than just spank a foster child when they shouldn’t have. Whatever they did the report is indicating permanent scarring which is quite so sad. Maybe had it been just going over the line and spanking when they shouldn’t have would have been one thing but with the permanent this a lot more than that IMO.

I can understand sometimes wanting to use some physical punishment on older children but sure don’t understand using this extreme of discipline on an 18 month old child. According to someone I know who has worked with children for a number of years says not coming when called is a normal stage that children this age go through when they are testing independence etc. This person also stated that an 18 month old child wouldn’t understand being disciplined.

This person I know said her recommendation when they don’t come is to just go over and get the child.

Susan Sonander

Hi Todd, just an FYI that Arizona does not seem to require a Justice of the Peace, who often also bears the title “Judge,” to have ever been a lawyer or even graduated from law school.

I’m not making that up.

https://www.azcourts.gov/AZ-Courts/Justice-Courts

I looked up the biography of the Judge/Justice of the Peace who handled your case.

http://www.pinalcountyaz.gov/Judicial/Justice/Pages/Precinct1Judge.aspx

I see no evidence that this person has ever attended law school.

So Arizona allows people, who likely have no serious understanding of the law, to handle important legal issues such as issuing injunctions against harrassment that are filed by confessed, violent felons who may have a metaphorical ax to grind.

You learn something new every day.

Lawyers are expected to go to law school but judges are not.

Headless Unicorn Guy

As I commented over at TWW:

GETTING SMACKED BY A SPATULA DON’T PUT YOU IN THE BURN WARD WITH YOUR SKIN PEELED OFF FROM SECOND-DEGREE BURNS!

Dee Parsons

We have reposted this important article at TWW. Thank you for making a stand against the attempt to restrict free speech.

Dee Parsons

Sorry- I forgot this link! 🙂