What does it take to fire the revolver McIver shot his wife with - CBS46 News

What does it take to fire the revolver McIver shot his wife with?

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What does it take to fire a Smith and Wesson 638 five shot revolver? That's the gun Tex McIver says he accidentally shot the night he killed his wife.

CBS46 reporter Natalie Rubino went to Stoddards Range and Guns in Midtown to find out.

"This gun requires a tremendous amount of effort to pull," Ken Baye, the owner of Stoddards said.

It requires 12 pounds of pressure to be exact, unless you get it worked on by a gun smith but Tex McIver's lawyer told me last week McIver didn't adjust the trigger.

Tex McIver was sitting in the back seat of his car on his way back from their Putnam County farm. His wife Diane was in the seat in front if him and her best friend Dani Jo Carter was driving. 

Tex says woke up when they were on Edgewood Avenue and asked for his gun in the center consul because he didn't feel safe. After Diane handed it to him, he fell back to sleep. Tex says he then woke up on Piedmont Avenue to the sound of a gun shot and realized he pulled the trigger.

CBS46 asked Baye what the changes are of the gun accidentally going off.

"Highly unlikely, he said." "These guns are meant to be dropped without the gun firing and you have to pull the trigger for a gun to go off. "

CBS46 public safety analyst Mike Brooks says Tex's story doesn't make sense.

"Try sitting in a seat, in a car seat, with a gun in your hand and you fall asleep. Where is your hand naturally going to fall? It doesn't naturally fall shooting pointed forward. It would point down to the side."

Pictures of the bullet hole in the seat obtained by CBS46 show the hole in the middle of the seat.

McIver's lawyer says the gun was in a plastic bag, not a holster.

"Even street thugs that are arrested on the street always have their gun most of the time at least in some type of holster," Brooks said.

Another red flag to Brooks, Diane was taken to Emory Hospital in DeKalb County instead of the three hospitals closer by. Tex says they went there because they knew it was a good hospital.

CBS46 has learned that Diane's cell phone wasn't handed over to police until two and a half weeks after the incident. Brooks says they should have had her's and the other's cell phones the night it happened. Additionally, after car was returned to Tex APD asked for it back. Brooks says that makes any evidence they found tainted and difficult to use in court.

APD is continuing to investigate the case as a homicide.