DA hopes to revoke Tex McIver's bond over gun found in sock draw - CBS46 News

DA hopes to revoke Tex McIver's bond over gun found in sock drawer

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(Source: Steve Maples, Tex McIver's Attorney) (Source: Steve Maples, Tex McIver's Attorney)

A judge will Monday when to resume a hearing to determine whether Tex McIver, the prominent attorney accused of accidentally shooting and killing his wife, should head back to jail.

The DA's office filed a motion to revoke McIver's bond because investigators found a gun in a sock drawer in his Buckhead condo.

It was discovered Friday, April 14, during a search for documents to be used as evidence in McIver's upcoming manslaughter trial.

His attorney, William Hill, said no one knows how the gun got there. Until now, McIver was under the impression that all guns had been removed from both his Buckhead condominium and his farm in Putnam County.

"He thought he had gone through that entire condo. The lady who helps clean went through the entire condo. He went through his entire ranch, and he had the sheriff go through his entire ranch. He was confident he had crossed all T's and dotted all I's," said Hill.

His attorneys likely will try to show that McIver has a lot of living space to keep track of. He originally had about twenty guns he needed to remove, and in Hill's opinion, it would be easy to miss one.

As a condition of of McIver's bond, he is not allowed to have a firearm in his possession.

The hearing began around 4 p.m. Friday, and after listening to testimony for about two hours, the judge chose to continue it next week.

Until the hearing is complete, McIver is not allowed to travel to the Putnam County ranch, nor will he be able to contact the sheriff there.

During the hearing, the Fulton County District Attorney's office filed another motion to remove Tex McIver as the executor of his wife's estate, a motion to which McIver visibly reacted.

Wife shot during drive through Atlanta

McIver is accused of shooting and killing his wife Diane last September, while the two were driving back from their Putnam County farmhouse.

According to police, Diane McIver was shot while sitting in the passenger seat of her Ford Expedition the evening of Sept. 25. Her husband, attorney Tex McIver, was sitting directly behind her in the backseat.

Diane McIver's best friend of thirty years, whom he only identified as Dani Jo, was driving.

The three took a detour off I-85 downtown and got off at the Edgewood Avenue exit. Tex, who was sleeping in the back, asked for his gun because he didn't think it was a safe area.

After falling back to sleep in the backseat, he woke up to the sound of a gunshot and realized he had pulled the trigger. After Diane McIver was shot, she was driven to Emory Hospital in DeKalb County where she died. 

Tex says he'll never forget when doctors told him his wife was dead.

"They're walking straight at you and you distinctively turn around to see if there's anybody behind you, they might be walking to and you realize you're the only one in the waiting room. They come up right up to you, and you know, exactly what they're going to tell you," Tex told CBS46 News back in December.

Tex McIver

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