Georgia Supreme Court overturns prominent Atlanta attorney’s murder conviction in wife’s killing

Claud “Tex” McIver was convicted in 2018 of felony murder and other charges stemming from the 2016 killing of his wife, Diane, who was fatally shot by McIver while sitting in front of him in a car. The attorney previously told mciver-says-shooting-his-wife-was-accident/rTkc1qZ0lIzxjBagkJJtSO/”The Atlanta Journal-Constitution the shooting was an accident and that the gun, which was on his lap while he was sleeping in the back seat, fired after he was abruptly awoken.
The weekslong trial gripped the city’s attention and included testimony from the friend who was driving the vehicle, firearms experts and a sleep expert who told jurors McIver suffered from a sleep behavior disorder — which defense attorneys suggested was partially to blame for the shooting, according to to the AJC. Prosecutors had called attention to alleged conflicts between the couple, including over financial interests.

Georgia’s Supreme Court overturned McIver’s felony murder conviction, ruling that the jury should have been instructed by the court that they could consider a lesser charge of involuntary manslaughter.

The court said based on the evidence and testimony during the trial, “the jury could have concluded that the revolver was not deliberately or deliberately fired, bur rather, as McIver suggests, discharged as a result of his being started awake, reflexively or involuntarily clutching at the bag holding the firearm, and inadvertently contacting the trigger,” according to the ruling.

The court further found that the evidence supporting that McIver intended to kill his wife was “disputed and circumstantial,” adding, “No witness testified to any disagreement or quarrel between McIver and Diane, and many witnesses testified that they were very much in love. “

The court also overturned McIver’s conviction for possession of a firearm in the commission of a felony, but did uphold his conviction of influencing a witness.

This Georgia Department of Corrections photo shows Tex McIver.

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