Tex McIver case: Homicide conviction overturned for once-prominent Atlanta legal professional who shot and killed spouse in SUV

Georgia’s highest court docket on Thursday threw out a homicide conviction for a once-prominent Atlanta legal professional who fatally shot his spouse as they rode in an SUV, saying the jury ought to have had the choice of a misdemeanor involuntary manslaughter cost.

Claud “Tex” McIver, 79, was convicted of felony homicide, aggravated assault, influencing a witness and possession of a firearm in the course of the fee of a felony within the September 2016 killing of his spouse 64-year-old Diane McIver. He was sentenced in 2018 to serve life in jail for felony homicide, 5 years for influencing a witness and a suspended five-year sentence for the gun cost.

Diane and Tex McIver
Diane and Tex McIver

The Georgia Supreme Courtroom reversed his convictions for felony homicide and possession of a firearm in the course of the fee of a felony however affirmed his conviction for influencing a witness.

“We conclude that the trial court docket erred in refusing McIver’s request to cost on the lesser grade of involuntary manslaughter, as a result of the cost was approved by legislation and a few proof supported the giving of the cost,” Presiding Justice Michael Boggs wrote within the unanimous opinion.

Which means McIver is entitled to a brand new trial on the overturned costs.

McIver attorneys Don Samuel and Amanda Clark Palmer stated they had been “delighted” by the ruling.

“He was disadvantaged of a good trial as a result of the jury was not given the chance to search out that the taking pictures was solely the results of negligence, versus an intentional killing,” they stated in an emailed assertion. “He was entitled to a good trial and didn’t get a good trial. We stay up for exhibiting the following jury that he’s not responsible of homicide.”

McIver has about two months left to serve on the witness tampering cost, although the state parole board may resolve to let him out sooner, Clark Palmer wrote in an e-mail. She stated they plan to file a movement for bond and ask that he be launched immediately.

Fulton County District Lawyer Fani Willis “will consider the case and decide on how you can proceed within the close to future,” spokesperson Jeff DiSantis stated in an e-mail. McIver was charged and tried below Willis’ predecessor.

Claud “Tex” McIver, middle, speaks together with his legal professional Don Samuel after being sentenced on the Fulton County courthouse in Atlanta, on Could 23, 2018.

Alyssa Pointer/Atlanta Journal-Structure through AP, Pool

Throughout his trial within the spring of 2018, nobody disputed that McIver shot his spouse. The query for jurors was whether or not they believed he meant to do it. Prosecutors alleged he killed his spouse as a result of he coveted her cash. Protection attorneys refuted that, saying McIver deeply liked his spouse and her loss of life was a tragic accident.

The jurors in his trial acquitted McIver of malice homicide however discovered him responsible of felony homicide. Felony homicide means a killing occurs in the course of the fee of one other felony, on this case aggravated assault with a lethal weapon. Which means the jury discovered that he deliberately shot his spouse, and that led to her loss of life.

The McIvers had been rich and well-connected. He was a companion at a outstanding labor and employment legislation agency and served on the state election board. She was president of U.S. Enterprises Inc., the mum or dad firm of Corey Airport Companies, the place she had labored for 43 years.

Dani Jo Carter, an in depth good friend of Diane McIver, was driving the couple’s Ford Expedition the night of Sept. 25, 2016, because the three returned from a weekend on the McIvers’ horse farm about 75 miles (120 kilometers) east of Atlanta. Diane McIver was within the entrance passenger seat and Tex McIver was within the again seat behind his spouse.

With site visitors heavy on the interstate, Carter exited in downtown Atlanta. McIver stated, “Ladies, I want you hadn’t carried out this. It is a actually dangerous space,” and requested his spouse to get his gun from the middle console and hand it to him. A short time later, McIver fired the gun as soon as, putting his spouse within the again. Carter drove to a hospital the place Diane McIver died.

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