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Judge denies bond for Tex McIver
The former Atlanta lawyer was back in court after the Georgia Supreme Court overturned his murder conviction. A judge declared him a flight risk and denied him bond.
FULTON COUNTY, Ga. - Claud Lee "Tex" McIver III, a former metro Atlanta lawyer whose conviction in the shooting death of his wife was overturned, was denied bond on Friday in Fulton County.
In 2018, McIver was sentenced to life in prison with possible parole, but parts of his conviction — aggravated assault and felony murder — were overturned by the Georgia Supreme Court on appeal.
McIver and his wife, Diane, were on their way home from a party with a friend in 2016 when McIver shot her through the back seat of an SUV. She was rushed to the hospital where she died.
Prosecutors said McIver was motivated to kill his wife because he coveted her money. McIver's defense was that the incident was a tragic accident. In 2018 a jury convicted McIver of felony murder and possession of a firearm during the commission of a felony.
During a hearing on Wednesday, Fulton County Superior Court Judge Robert McBurney said McIver's access to wealth and age made him a flight risk.
"We remain bound and guided by the wisdom of the Supreme Court," McBurney said. "Mr. McIver sits before me with the presumption of innocence. He does not, however, sit before me as a blank slate."
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Judge denies bond for Tex McIver
A Fulton County judge said the man accused of murdering his wife is a flight risk. He awaits a new trial after the Supreme Court overturned his 2018 murder convictions.
McIver's attorneys requested bond and that he go to live in Southlake, Texas, with his sister while his case plays out. They said he should be presumed innocent of all the charges he's no longer guilty of.
"The Supreme Court said, in essences, — I may be overstating somewhat — the trial was unfair," attorney Don Samuel said.
Prosecutors emphasized McIver is still guilty of influencing a witness. Prosecutors pointed out a violent incident when he fired a shotgun from a condo in Buckhead.
The state called people that testified they were distraught to learn McIver's convictions were overturned. They testified about "disturbing behavior" by McIver after the shooting.
"You are a man of means," McBurney said to McIver. "Mr. Samuel has represented men of means who when they heard something not good about their case, disappeared to another country for years.
The Supreme Court decision that opened the door for a re-trial pointed out weaknesses in the initial case against McIver. He's served five years in prison and, if he's acquitted in a retrial, would be released. The Supreme Court reversed McIver's convictions because they say the trial court "erred in denying his request to charge the jury on a lesser involuntary manslaughter offense."
McBurney said there may be a set of conditions that make him feel comfortable McIver will not flee from the court, but that wouldn't be revisited for weeks. McBurney said he would talk to attorneys about setting a trial date.
The Associated Press contributed to this report.