Judge sends the jury home for the day after both sides rest in Tex McIver murder trial

ATLANTA - Both sides have presented their cases in the Tex McIver murder trial. 

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Before the milestone was reached, a defense expert told jurors murder suspect Tex McIver likely had the gun on his side when it discharged, but he could not say whether the gun was fired intentionally or intentionally.

Crime Scene Analyst Ross Martin Gardner says it was physically impossible that the gun was held upright because of the trajectory of the bullet.

"Every indication is the gun was on his side when it fired," Mr. Gardner remarked. The opinion was more consistent with Rex McIver's position that he shot his wife Diane by accident. 

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Jurors also heard from the new executor of Diane McIver's estate.

State representative and Decatur attorney Mary Margaret Oliver told jurors the estate account has $559,000 in it, and will be able to pay the $350,000 in bequests as the Corey executive wanted.

State prosecutors also forced Ms. Oliver to admit Tex McIver has written large checks to American Express from his deceased wife's estate. Ms. Oliver also told jurors McIver paid $10,000 for a criminal attorney for his assistant, Tammy Johnson and even paid a PR firm he hired to help him manage the shooting crisis from the same account. 

RELATED: State could rest case in Tex McIver murder trial as early as Tuesday

Ms. Oliver concluded her testimony by saying Mr. McIver did not pay off the $350K loan he owed his wife's estate in December of 2017.

"When I chose to foreclose will be dependent upon other negotiations  and other liabilities that Mr. McIver has with the estate.," Ms. OLIVER stated.

Tex McIver told the judge he understood his right to testify but has declined the opportunity to testify on his own behalf. 

The judge sent the jury home mid-afternoon and told them to expect a brief rebuttal case from the state on Monday, followed by a jury view of the crime scene, the McIver's Ford Expedition. The judge says closing arguments will likely be Tuesday.