MOUNTAIN HOME, Idaho — An Elmore County judge is holding off on a decision after hearing arguments Monday to dismiss a sexual assault charge against a Mountain Home pastor.
Gregory Wayne Jones, a pastor at Liberty Christian Fellowship Church, faces one felony count of forcible penetration. A woman accused him of assaulting her under the guise of healing.
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Jones' defense team argued the charge should be dropped based on how Idaho law defines 'duress'. They stated that duress should only apply to situations involving force, threats, or immediate harm.
As Idaho News 6 previously reported, the alleged victim, Tammy Barney, took the stand in December.
Barney testified she viewed Jones as her "spiritual father" and believed church teachings required her to obey him or face what she described as a "demonic attack."
The defense argued there was no threat or confinement, stating her actions were motivated by belief, not duress.
Prosecutors disagree, arguing that duress can include forms of coercion. They stated Barney confided in Jones about childhood sexual abuse and her mental health, and that he used his position and psychology background to recommend "healing sessions."
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According to Barney's testimony, those sessions escalated into sexual contact inside Jones' office and a church bathroom.
Prosecutors argued Jones used his role as a pastor to convince Barney that her physical and spiritual well-being depended on continuing the process.
The defense also pointed to Barney's testimony that she sometimes faked orgasms, arguing there was no clear refusal during the encounters.
Prosecutors stated Barney testified she asked multiple times to be "released," a religious term for ending the sessions. They argued those requests signaled she wanted the interactions to stop, but Jones continued or shifted his approach to keep her engaged.
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Jones was previously charged with sex trafficking, but that count was dropped in December.
The judge said he will issue a written decision at a later time.
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