Atlanta prosecutors plan to retry man who shot wife in SUV

Jul 22, 2022, 12:41 PM | Updated: 3:14 pm

ATLANTA (AP) — Prosecutors said Friday that they plan to retry a well-connected Atlanta man whose murder conviction in the shooting death of his business executive wife was recently overturned.

Claud “Tex” McIver, 79, was convicted in 2018 on charges of felony murder, aggravated assault, influencing a witness and possession of a firearm during the commission of a felony in the September 2016 death of 64-year-old Diane McIver. The Georgia Supreme Court last month reversed his convictions for felony murder and possession of a firearm during the commission of a felony but affirmed his conviction for influencing a witness.

The Fulton County District Attorney’s office said in a court filing Friday that it plans to retry McIver on charges of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony. The motion asks that a trial be set within 180 days of when the trial court receives the Supreme Court’s order, which is expected to happen soon.

In overturning McIver’s convictions on murder and other charges, the high court said the jury should have had the option to convict him on a misdemeanor involuntary manslaughter charge.

Then-Presiding Justice Michael Boggs, who this week became chief justice, wrote in the unanimous opinion, “While the State’s evidence was sufficient to support the appellant’s conviction of murder, it also could have supported a finding that the appellant killed the victim without any intention of doing so in the commission of an unlawful act.”

In its motion for a new trial, the district attorney’s office notes that the Supreme Court found there was enough evidence at trial for a rational jury to conclude beyond a reasonable doubt that McIver was guilty of the crimes for which he was convicted.

“The jury which served at the original trial of this case evaluated all of the evidence and unanimously convicted (McIver) of intentional crimes against his wife,” the motion says. “This fact weighs heavily in the State’s consideration of how best to serve the interests of justice in this case. This District Attorney believes very strongly that a jury of one’s peers, working as a body, is best positioned to evaluate the accuracy of testimony and other evidence in a case to determine an individual’s culpability under the law.”

The high court found that the evidence against McIver was weak and that prosecutors admitted evidence that had “no relevance or basis in fact,” McIver attorneys Don Samuel and Amanda Clark Palmer said in a statement.

“Now, the prosecution brags that it is only seeking justice. It is better late than never, but justice would be recognizing that Tex McIver is entirely not guilty,” they said.

It is undisputed that McIver shot his wife. At trial, jurors had to decide whether they believed he did it intentionally.

The McIvers were wealthy and well-connected. He had been a partner at a prominent labor and employment law firm and served on the state election board. She was president of U.S. Enterprises Inc., the parent company of Corey Airport Services, where she had worked for 43 years.

At the time of the shooting, Tex McIver was no longer a partner at his firm and his income had dropped significantly. He and his wife kept separate finances and prosecutors alleged he killed his wife because he needed her money to cover his expenses. Defense attorneys disputed that, saying McIver deeply loved his wife and her death was a tragic accident.

The jurors in his trial acquitted McIver of malice murder but found him guilty of felony murder. Felony murder is when a killing happens during the commission of another felony, in this case aggravated assault with a deadly weapon. That means the jury found that he intentionally shot his wife, and that led to her death.

Dani Jo Carter, a close friend of Diane McIver, was driving the couple’s Ford Expedition the evening of Sept. 25, 2016, as the three returned from a weekend at the McIvers’ horse farm about 75 miles (120 kilometers) east of Atlanta. Diane McIver was in the front passenger seat and Tex McIver was in the back seat behind his wife.

With traffic heavy on the interstate, Carter exited in downtown Atlanta. McIver said, “Girls, I wish you hadn’t done this. This is a really bad area,” and asked his wife to get his gun from the center console and hand it to him. A short while later, McIver fired the gun once, striking his wife in the back. Carter drove to a hospital where Diane McIver died.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Facebook Photo/City of San Luis, Arizona)...
Associated Press

San Luis authorities receive complaints about 911 calls going across border

Authorities in San Luis say they are receiving more complaints about 911 calls mistakenly going across the border.
5 days ago
(Pexels Photo)...
Associated Press

Daylight saving time begins in most of US this weekend

No time change is observed in Hawaii, most of Arizona, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Marianas.
13 days ago
Mexican army soldiers prepare a search mission for four U.S. citizens kidnapped by gunmen in Matamo...
Associated Press

How the 4 abducted Americans in Mexico were located

The anonymous tip that led Mexican authorities to a remote shack where four abducted Americans were held described armed men and blindfolds.
13 days ago
Tom Brundy points to a newly built irrigation canal on one of the fields at his farm Tuesday, Feb. ...
Associated Press

Southwest farmers reluctant to idle farmland to save water

There is a growing sense that fallowing will have to be part of the solution to the increasingly desperate drought in the West.
20 days ago
A young bison calf stands in a pond with its herd at Bull Hollow, Okla., on Sept. 27, 2022. The cal...
Associated Press

US aims to restore bison herds to Native American lands after near extinction

U.S. officials will work to restore more large bison herds to Native American lands under a Friday order from Interior Secretary Deb Haaland.
20 days ago
Children play in a dried riverbed in Flassans-sur-Issole, southern France, Wednesday, March 1, 2023...
Associated Press

Italy, France confront 2nd year of western Europe drought

ROME (AP) — Bracing for Italy’s second consecutive year of drought for the first time in decades, Premier Giorgia Meloni huddled with ministers Wednesday to start mapping out an action plan Wednesday, joining France and other nations in western Europe grappling with scant winter rain and snow. Meloni and her ministers decided to appoint an […]
22 days ago

Sponsored Articles

(Photo: OCD & Anxiety Treatment Center)...

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.
(Desert Institute for Spine Care in Arizona Photo)...
Desert Institute for Spine Care in Arizona

5 common causes for chronic neck pain

Neck pain can debilitate one’s daily routine, yet 80% of people experience it in their lives and 20%-50% deal with it annually.
...
Quantum Fiber

How high-speed fiber internet edges out cable for everyday use

In a world where technology drives so much of our daily lives, a lack of high-speed internet can be a major issue.
Atlanta prosecutors plan to retry man who shot wife in SUV