JACKSONVILLE, Fla. -- Mikhail Muhammad, head of the local Black Panther party and a victim of sexual assault, cannot believe Darrell Gilyard - a pastor imprisoned for molesting minors - is allowed to be on the pulpit at Christ Tabernacle Baptist Church.
"It's an injustice. He should not be in this church," Muhammad said.
And legally, Action News found out he may be right.
We've obtained Gilyard's conditions of probation from the Department of Corrections. In it, you can see Gilyard's initials next to the line, "I will not work for pay or as a volunteer at any place where children regularly congregate."
Although the church has agreed to make Gilyard's Sunday services for adults only, kids are still just feet away.
There's a playground where children play daily right next door.
Action News called the Florida Department of Law Enforcement (FDLE) to find out if he's really allowed to be there.
When we asked special agent in-charge, Dominick Pape, if it is a potential probation violation if children are playing near Gilyard's work, well within the 1000' perimeter rule he said, "It could be. I would venture to say that it could bring issues or concerns."
But according to the FDLE, it's up to the probation department to make the final determination.
The DOC tells us Gilyard is currently in compliance.
But when we showed video of the playground's proximity to local attorney Dale Carson he said, "Technically, I would say based on this, that he's in violation of the terms and conditions of his probation."
On January 30, Gilyard's attorney Richard Kuritz filed a motion to modify his probationary terms. In the document, it asks for the rule of no internet access to be lifted and for Gilyard to be allowed to work or volunteer where children regularly congregate as long as they're supervised.
But, this motion is still considered "outstanding" and must be heard by a court before any restrictions are lifted.
Meanwhile, the New Black Panther party is asking Gilyard to just step down.
"This is not about forgiveness. This is about the moral thing to do. So step down, Darrell. Save this church," Muhammad said.
The New Black Panther party plans to file a complaint with the Southern Baptist Convention on Wednesday asking for Gilyard's immediate removal.
