Prominent Atlanta attorney, Tex McIver, pleaded not guilty again when indicted on charges of murder earlier this week, in connection with his wife’s 2016 death.
While McIver admitted he shot his wife, Diane, in the back of the head while he rode in the back of an SUV as she sat in the passenger seat, he’s always maintained that the gun accidentally went off. The incident occurred in September 2016, while the couple’s friend, Patricia Carter, also know known as Dani Jo, drove the vehicle. The initial story was that McIver became alarmed as they drove past Piedmont Park in Atlanta, and grabbed a gun stored in the vehicle’s center console as they passed a “Black Lives Matter” protest.
— Tom Regan (@tomreganWSB) August 25, 2017
McIver claimed that while holding the gun, it accidentally went off, striking his wife. She died a few hours later during surgery.
“You did unlawfully, during the commission of a felony, that felony being aggravated assault with a deadly weapon, cause the death of Linda Diane McIver,” said Fulton County Judge Robert McBurney on Friday.
McIver was arrested and released on bond last year, after initial charges of reckless conduct and involuntary manslaughter. Yet, after authorities searched his home earlier this year and found weapons, he was taken back to jail to await trial.
District Attorney Paul Howard said that a grand jury returned a murder indictment after listening to evidence and information for several weeks. A major reason his charges were upgraded to murder was, according to Howard, the way McIver acted during the months following his wife’s murder. He allegedly instructed Dani Jo Carter to tell police she wasn’t in the vehicle when the shooting occurred.
He also left a voicemail with her husband, Thomas Carter, and asked him to tell his wife to stop “communicating her recollections of the facts and circumstances of the death of Diane McIver to law enforcement officers, because said statements placed the defendant at imminent risk of immediate incarceration.”
McIver then reportedly then told Carter to delete the voicemail he left, according to court documents.
Since his court hearing this week was for new charges, McIver had to enter a plea once again. He told the judge that he his plea “still stands” and that he’s not guilty.
McIver is being held without bond until his trial. He’s charged with murder, aggravated assault, possession of a firearm during a felony, and influencing witnesses.
Meanwhile, McIver requested to be let out of jail to attend his mother’s funeral in Texas, according to the Atlanta Journal-Constitution. His 98-year-old mother, Winnie, died at 4 a.m. on Monday while in hospice. A Fulton County judge is scheduled to make his decision this week on whether McIver can attend.
[Feature Photo: Police Handout]