Newkirk claims only the church’s general membership has the authority to remove him and he has their support.
The dispute came to a head on Wednesday night when board officials called police to remove Newkirk from the premises while he was leading a Bible study.
Leaders briefly shuttered the church last month, and its future remains uncertain.
But the church will not be closing, said Jonathan Hollingsworth, an attorney who represented Shiloh Baptist in a lawsuit Newkirk filed against the ministry.
“Churches survive because the people who make up the congregation want them to survive,” he said. “They take steps to make sure they survive.”
Newkirk’s attorney, Brandon Charles McClain, declined to comment.
Church officials changed the church’s locks and passcode to prevent Newkirk from accessing his office and the facilities.
Last month, Newkirk filed a request for an injunction against the church, arguing the board and trustees cannot fire him under the organization’s bylaws, which say only a vote of a strong majority of church members can result in the removal of a pastor.
Another lawsuit asked for a temporary restraining order against the board members and trustees who sought to remove Newkirk.
Both requests were denied. Newkirk voluntarily dismissed his lawsuit after the court’s decision.
“It’s an extremely high burden to reach, and an unusual thing to be granted,” said attorney Charles McKinney, who represented some members of Shiloh Baptist, including Newkirk, in the request for a restraining order.
UPDATE @ 10:05 p.m. March 25: The attorney for the Rev. Timothy Newkirk said he is still gathering information about what occurred tonight at the church.
“I have no comment on this matter at this time,” the attorney, Brandon Charles McClain, said.
UPDATE @ 9:08 p.m. March 25:
Church members said the Rev. Timothy Newkirk was leading a Bible study tonight at the church before police were called.
“It was not known until the Bible study was over that the police were called,” said Elona Beans, a member of the church.
According to the Montgomery County Regional Dispatch Center, Dayton police were called to the church on Fairbanks Avenue on a trespassing report involving the pastor.
Newkirk was not cited and left the property as soon as police responded.
A group of trustees reportedly removed Newkirk as pastor. A group of members said they have no idea why some of the deacons and trustees wanted to remove the pastor, and said they do not have the authority to do so, according to the church’s bylaws.
“We voted on him twice for him to remain as the pastor of this church,” Beans said.
The issue has led some church leaders to previously shutter the church.
UPDATE @ 8:55 p.m. March 25:
Dayton police were called tonight to Shiloh Missionary Baptist Church on a trespassing complaint.
A pastor, the Rev. Timothy Newkirk, reportedly was trespassing by attending a Bible study at the church, 3801 Fairbanks Ave.
He reportedly was voted out by the church’s trustees.
UPDATE @ 4:50 p.m. Feb. 11:
The pastor of Shiloh Missionary Baptist Church in Dayton speaks out, through his attorney, about the shuttering of the church.
The Rev. Timothy Newkirk was accused of walking out on his pastoral duties, according to his attorney, Brandon Charles McClain, who said the pastor denies the allegations that apparently led church elders to shutter the church’s doors last week.
While McClain would not speak as to why the church was shuttered, he said, “there’s no rift that exists between the general membership of Shiloh Baptist and Pastor Timothy Newkirk.” Also, the general membership voted in March 2014 to retain Newkirk and there have been no special meetings held to remove him, the attorney said.
“Pastor Newkirk in no way or manner deserted his congregation by turning his back on his pastoral duties and church family. He never left nor would he ever voluntarily leave his spiritual post. In fact, this idea could not be further from the truth,” McClain said.
FIRST REPORT, Feb. 9:
Neighbors are wondering why Shiloh Missionary Baptist Church in Dayton has closed its doors.
A posting on the front door of the church at 3801 Fairbanks Ave. states that all activities are canceled for the week, including Sunday services.
No explanation is provided and no one answered calls to the church on Sunday.
If you can help solve the mystery, call our newsroom at (937) 225-2329.