FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, NO. 2018-3536, HONORABLE LILYNN CUTRER, DISTRICT
Hillary L. Nixon Law Office of Hillary L. Nixon, L.L.C.
COUNSEL FOR DEFENDANT/APPELLANT: Shari Bishop
Hudson Larry A. Roach, Inc. COUNSEL FOR PLAINTIFF/APPELLEE:
David Michael Craig
composed of Sylvia R. Cooks, Shannon J. Gremillion, and Van
H. Kyzar, Judges.
defendant, Shari Bishop, appeals from the trial court
judgment granting a protective order in favor of the
plaintiff, David Michael Craig. For the following reasons, we
OF THE RECORD
matter is a companion case to Jerry Israel Cummings v.
Shari Bishop, 19-168 (La.App. 3 Cir. 10/23/19), ___
So.3d ___, which was rendered by this court this same day.
parties, David Michael Craig and Shari Bishop, were married
in Calcasieu Parish on July 4, 2015. The parties are the
parents of one child, D.M.C.,  who was born on November 7, 2011,
during Shari's prior marriage to Jerry Israel
Cummings.On September 13, 2017, David filed a
petition for divorce, in which he sought an ex parte custody
order, child support, and various temporary restraining
orders (TROs). Sole provisional custody of D.M.C. was granted
to David by an ex parte custody order, rendered on September
17, 2017, as well as TROs enjoining Shari from removing or
attempting to remove D.M.C. from Calcasieu Parish or from
hiding or secreting D.M.C. in any way and enjoining her from
discussing the matter with D.M.C., disparaging David, or
attempting to alienate D.M.C. from David in any way.
September 28, 2017, Shari reconvened, seeking a divorce from
David. Following an October 30, 2017 hearing, the trial court
rendered a stipulated judgment on November 21, 2017, whereby
Shari was awarded supervised visitation with D.M.C., to be
supervised at all times by Ronnie and Ronda Bishop,
Shari's parents. On January 5, 2018, Shari filed an
application for an emergency ex parte custody order based on
"several worrisome statements" she alleges were
made by D.M.C. "about certain things that he has seen,
heard, and experienced in the presence of [David], and/or his
parents that involve killing, death, abuse, and neglect[.] On
January 10, 2018, David filed a first supplemental and
amending petition, adding Jerry as an additional necessary
party to the suit.
February 22, 2018, David filed a rule for contempt, alleging
that instead of returning D.M.C. to him as scheduled on
December 24, 2017, Shari and Mr. Bishop fled with him to
Texas on December 23, 2017, in contravention of the prior
issued TRO. D.M.C. was eventually taken into law enforcement
custody on December 25, 2017, and then returned to
a multi-day trial on the merits on the custody and contempt
issues, the trial court rendered written reasons for judgment
on July 13, 2018, finding that it was in the best interest of
D.M.C. that David be awarded sole custody. The trial court
further held that Shari failed to prove her claims:
[T]hat Jerry, David and/or any other person (i.e. Danny
Meyers, demons, devil worshippers, juggalos, etc.) have
abused [D.M.C.] or Jerry's three children who testified
at trial. The only thing that could be considered abuse is
the actions that Shari has taken with these children by
filling their heads with bizarre and untrue claims and fears
and rewarding them when they repeat them to others.
trial court ordered that all visitation between Shari and
D.M.C. take place at the Whistle Stop, a supervised
visitation location. The trial court further found Shari in
contempt of court as a result of her actions in taking D.M.C.
to Texas and her failure to timely pay child support. It also
found Mr. Bishop in contempt of court based on his
intentional violation of his supervision duties relative to
Shari's supervised visitation with D.M.C. The trial court
sentenced Shari to ninety days in the parish jail and Mr.
Bishop to thirty days in the parish jail, with the sentences
suspended as long as both parties complied with all future
court orders. A written judgment was rendered by the trial
court on July 13, 2018. An appeal by Shari from this judgment
is the subject of a separate appeal before this
court. At the time that the record was lodged in
the present appeal, the divorce proceedings between David and
Shari were still pending.
August 23, 2018, David filed a petition seeking protection
from abuse, which is the subject matter of this appeal. In
his petition, filed on his and D.M.C.'s behalf, David
alleged that Shari had abused him and D.M.C. by stalking
them, threatening them with bodily harm, threatening their
lives, and attempting to have them killed. He alleged that
the following abuse by Shari on July 23, 2018:
[A]ttempt to have David Craig murdered by a third party. On
this date, [E.F.C.] (daughter of Shari Bishop and Jerry
Cummings) saw Shari at the L'Auberge Casino with a man
she did not know. [E.F.C.] was introduced to this man by
Shari as a friend, and [E.F.C.] was told by Shari and by this
man that Shari was going to have this man and his friends
kill David and Jerry as revenge for prior incidents of abuse,
including incidents of ritual satanic abuse, which Shari has
repeatedly alleged were committed by David and Jerry.
[E.F.C.] has repeatedly denied such abuse ever occurred, and
she denied it again on that date. She was told that the man
and his friends were ready and willing to kill David and
Jerry. A criminal investigation is ongoing regarding this
solicitation of murder by Shari against both David and Jerry.
David further alleged past incidents of abuse by Shari
against him, as follows:
On multiple occasions in recent months, following the custody
trial between David Craig and Shari Bishop, Shari has
attempted to have David murdered by multiple third parties.
[E.F.C.] has spoken on multiple occasions with Shari and with
a former boyfriend of Shari named Joshua Martin, and they
have both spoken to [E.F.C.] about their plans to murder
David or have him murdered by others. They have also spoken
to [E.F.C.] about plans to murder Jerry Cummings
([E.F.C.]'s father) or have him murdered by others.
[E.F.C.] has been told that David and Jerry will be killed as
revenge for prior incidents of abuse, including incidents of
ritual satanic abuse, which Shari has repeatedly alleged were
committed by David and Jerry. [E.F.C.] has repeatedly denied
such abuse ever occurred.
It is believed that Shari has previously attempted to
seriously harm, and possibly kill, David arsenic poisoning.
David previously became seriously ill during the marriage
with symptoms indicative of arsenic poisoning, and since the
final separation of the parties he has tested positive for
arsenic poisoning and has been receiving medical treatment. A
criminal investigation into this poisoning is ongoing and
Shari is the only known person of interest. This was
testified to by multiple witnesses during the recent custody
trial between the parties. It is also believed that Shari may
have previously attempted to seriously harm, and possibly
kill, one of her children with Jerry. That child, Israel
Cummings, also became seriously ill following an incident
with Shari and he later also tested positive for arsenic
poisoning. This was testified to by multiple witnesses during
the recent custody trial between the parties.
Over the past several years, while David and Shari were
together, Shari spoke repeatedly about her desire to murder
Jerry. She also asked David to kill Jerry for her at times.
She has a long history of making false, and often completely
unbelievable, allegations of abuse and criminal behavior
against others. Shari has a long history of unstable and
unpredictable behavior, and she has exhibited extremely poor
judgment on numerous occasions. During the recent custody
trial, she was held in contempt of court for violations of
court orders, including violations when she took the child
[D.M.C.] into hiding in Texas during the 2017 Christmas
holiday in violation of several court orders. As a result,
she was given a suspended 90 day jail sentence.
separate petition was filed by Jerry against Shari on the
same date, which requested a protective order based on the
same primary factual scenario alleged herein.
August 23, 2018, the trial court granted an ex parte TRO in
favor of David. The TRO ordered Shari not to abuse, harass,
assault, stalk, follow, track, monitor, or threaten David or
D.M.C.; not to contact David by any means, except for
court-ordered visitation; not to go within 100 yards of David
or D.M.C., except for court-ordered visitation; to stay away
from David's place of employment and D.M.C. school; not
to damage any of their belongings or property or shut off
their utilities, phone service, or mail delivery, or
interfere with their living conditions; and not to interfere
with the physical custody of D.M.C. A hearing was scheduled
in this matter for September 7, 2018. A second TRO was issued
by the trial court on September 7, 2018, effective through
November 2, 2018, with a hearing set for October 31, 2018.
matter was consolidated for trial purposes with Jerry's
request for a protective order. On October 31, 2018, the
trial court heard testimony from E.F.C., David, Jerry,
Shari, and Mrs. Bishop.
primary factual scenario supporting both petitions was
recounted by E.F.C., based on a meeting between her and Shari
on July 23, 2018, at the L'auberge Casino. E.F.C.
testified that she met Shari and her grandmother, Mrs.
Bishop, at L'auberge, despite the fact that she knew she
needed her father's permission to see them. She stated
that Shari had texted her that she and Mrs. Bishop were going
to the casino and asked if she wanted to meet them there. She
said that although she was staying with a friend, she was
picked up by Mrs. Bishop and taken to the casino. She
initially stated that both she and her friend were picked up
by Mrs. Bishop, but then later claimed that her friend did
not go with her. She further claimed that after visiting with
Shari and Mrs. Bishop, she planned to meet up with her
friend, who was spending the night at the casino with her
testified that after she and Mrs. Bishop arrived at the
casino, they ate and then walked around. She stated that they
met Shari when they walked in front of a bar. She stated that
Shari walked up to them, hugged her, and then pulled her into
the bar. According to E.F.C., Shari was drunk. E.F.C. stated
that Shari introduced her to a man, whom she said was a
friend, and they sat down at a table. She stated that Mrs.
Bishop did not accompany them into the bar.
testified that the man first asked her if she, her siblings,
and D.M.C. were being abused by their fathers and then stated
that he was in a biker gang and that he could have Jerry and
David hurt or killed if they were being abused. E.F.C. stated
that Shari was there for part of this conversation, but that
she walked away after advising her to tell the truth about
the abuse. E.F.C. testified that after Shari left, she told
the man that none of the allegations were true. She stated
that the man then asked her if Shari was telling him the
truth or if she was crazy. E.F.C. said that she replied that
Shari was not telling the truth. E.F.C. testified that at
this point Mrs. Bishop walked up and told the man,
"Well, I know that something's happening[.]"
E.F.C. stated that she replied, "No, nothing's
happening. It's not like that[.]" E.F.C. said that
after these comments, she left the bar with Mrs. Bishop and
then later met up with her friend at the casino. She stated
that she did not see Shari again that night.
testified that her conversation with the man lasted from
fifteen to thirty minutes and that she felt threatened by the
conversation. She stated that she thought Shari had said that
she had known the man a long time. She further stated that
both Shari and the man were drunk. E.F.C. testified that she
believed Shari was capable of having Jerry and David harmed
and that she definitely believed that Shari asked this man to
harm them because of her allegations of abuse.
testified that she told her father about this conversation,
when he picked her up from her friend's home the next
day. However, she admitted that she told him that she and
Shari had met up accidently because she knew he would be mad
further testified that Shari asked her to recant her
testimony from the child custody hearing in which Jerry was
granted custody of her and her siblings. She stated that she
was pressured by Shari, Joshua Martin, Shari's former
boyfriend, and his daughter to contact Shari's attorney.
She said that they threatened to stop communicating with her
unless she called the attorney. E.F.C. testified that when
she spoke to the attorney, she was told that she would have
to admit that she lied about Shari giving her alcohol when
she was with her. She stated that she did not recall telling
the attorney that she had embellished a little on the stand
or that she was worried about leaving her younger brother.
further recounted conversations she had the previous summer
with Mr. Martin, who lived in Florida. She stated that he had
been told by Shari that she and D.M.C. were being abused by
their fathers and that both he and Shari had said that he
wanted to protect her by getting rid of Jerry. E.F.C.
testified that near the end of his relationship with Shari,
Mr. Martin asked her if Shari's allegations were true and
then said that he did not want to be with Shari if she was
lying. E.F.C. stated that Mr. Martin told her that he would
kill Jerry and David if the allegations were true. E.F.C.
stated that she believed that Mr. Martin's desire to kill
them was based both on Shari's request that he do so and
his own feelings about the alleged abuse.
said that Mr. Martin claimed that either he or his friends
would kill Jerry and David. She stated that he told her that
he had friends who lived behind Jerry's home in Ragley,
Louisiana. She claimed that he also told her that he had
stalked both Jerry and David at their homes and that he was
armed with a gun while outside of Jerry's home. E.F.C.
testified that she felt threatened by this conversation and
that she told Mr. Martin that Shari's allegations were
testified that Shari kept advising her to tell Mr. Martin the
truth about the abuse. Although she never heard Mr. Martin
and Shari, together, say that they intended to kill Jerry and
David, she stated that he admitted that Shari asked him to do
so. She said that Shari had, in the past, said that she
wanted to kill Jerry and David and that she was feeding Mr.
Martin lies about them. At some point, E.F.C. testified that
she became scared and told Jerry about her conversations with
Mr. Martin. She stated that she took Mr. Martin's threats
seriously the last time she spoke to him.
testified that he filed his petition for the protective order
based on E.F.C.'s meeting with Shari at L'auberge
Casino. He stated that she claimed that she had accidently
bumped into Shari and Mrs. Bishop while she was there with
her friend. She told him that Shari pulled her aside and
introduced her to a man, who asked her if she and D.M.C. were
being abused. He said that the man told ...