The Tribune

By LEANDRA ROLLE

Tribune Chief Reporter

lrolle@tribunemedia.net

LINDSAY Shiver, an American woman accused of conspiring with two men in Abaco to kill her husband, will remain in custody after the Court of Appeal  reserved its decision on a judge’s ruling to revoke her bail.

Shiver, 37, was remanded to prison in late October after Senior Justice Cheryl Grant-Thompson revoked her bail, citing repeated violations of bail conditions and her involvement in pre-trial publicity.

Her co-accused, Terrance Bethel, was also remanded due to alleged bail breaches.

Their lawyers challenged the judge’s decision, arguing it was based on a misinterpretation of the bail conditions.

Damian Gomez, KC, who represents Shiver, disputed the claim that his client violated the conditions of her release by leaving her mandated location in Alabama multiple times without the court’s approval.

He said the judge erred in interpreting the word “residence” as not being allowed to take short trips away from her mother’s home.

He added that a short-term rental for a weekend does not constitute a change of residence, as it was temporary.

In response, Justice Jon Isaacs told Mr Gomez that applying a civil interpretation of the word “residence” was irrelevant.

“Mr Gomez, when the judge said that you are to reside, it means that that is where she is to stay,” he said. “It doesn’t mean that she is to go off on a jaunt for a month elsewhere.”

Justice Milton Evans added: “I think the difficulty you faced, Mr Gomez, is the duration. It would have been one thing if she had just gone shopping that morning and drove back home, but back at home that evening, but when you go for 30 days, it changes things.”

Mr Gomez also challenged the allegations of his client’s involvement in pre-trial publicity.

He acknowledged her appearance on Good Morning America, but said he was informed that she did not discuss the case.

He claimed “she merely appeared on the film”.

The attorney further argued that an embargo agreement had been sought to prevent the television station from publishing any information she may have provided until after the criminal proceedings.

“That in itself shows that she did not intend to breach the peace by publishing her private affairs, nor to influence any jury pool because she was specifically saying to ABC News, while I will give those materials, you are not to publish them,” Mr Gomez argued.

He also contended that the judge’s decision to revoke Shiver’s bail for safety reasons seemed “excessive.”

Justice Grant-Thompson had said in revoking Shiver’s bail, she was also “taking her out of harm’s way”, citing a report that her boyfriend tried to “choke and suffocate her with a pillow in Alabama.”

Acting Director of Public Prosecutions, Cordell Frazier, argued that the judge was correct in revoking the appellants’ bail and urged the appellate judges to dismiss their application.

“What we say is that had you been in compliance with the bail condition to reside at your mom’s place and not be residing with your boyfriend, who now is attempting to kill you, then we wouldn’t be in this place,” Ms Frazier added.

Shiver, 37, Bethel, and Faron Newbold Jr, 29, were charged last year with conspiracy to commit murder. Authorities allege the trio plotted to kill Shiver’s husband, Robert Shiver, on July 16, 2023, after uncovering the scheme during a separate investigation in Guana Cay.

Justice Grant-Thompson initially granted Shiver $100,000 bail under strict conditions, including electronic monitoring, an 8pm to 6am curfew, a 100ft distance from the complainant and witnesses, and a restriction on foreign travel without court approval.

In December, the court varied her bail conditions, allowing her to travel to the United States but forcing her not to enter Georgia, where her husband lives, unless to engage in custody and divorce proceedings.

As for Bethel, his bail conditions varied in June so he could move to Treasure Cove in New Providence. However, prosecutors said he did not follow the rules for signing in at a police station. 

However, Bethel’s attorney, Ian Cargill, claimed that his client’s bail variation was never executed, preventing him from signing in at the Elizabeth police station.