Judge suggests house arrest for Tex McIver; Placed in custody - CBS46 News

Judge suggests house arrest for Tex McIver; Placed in custody

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Source: Fulton County Sheriff's Office Source: Fulton County Sheriff's Office
ATLANTA (CBS46) -

After three days of hearings, a judge in Fulton County decided he would revoke the bond of an Atlanta-area attorney who is accused in the shooting death of his wife.

Tex McIver, the prominent attorney accused of accidentally shooting and killing his wife, Diane McIver, will head back to jail as a result of violating his bond. The judge in the case said he will suggest a new bond for McIver, which would place him under house arrest.

Until that new bond is written, McIver will remain in custody.

That means after some terms are worked out, McIver has a chance to continue bond under house arrest in his Buckhead condo, and the judge even hinted he could go back to regular bond without house arrest if a couple months go by with no more problems.

Last Friday, 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 the Friday before during a search for documents to be used as evidence in McIver's upcoming manslaughter trial.

Jackie Patterson's an attorney and former judge who's been following this case closely. He says this bond hearing is unusual. Most don't include a trial's worth of witnesses, and don't end the way this one did.

"Most people who get their bond revoked never get out of jail until they either plead guilty or have a trial," said Patterson. "So the fact that he is a prominent attorney, he might get a little bit different preferential treatment."

In the prosecutor's closing arguments Wednesday, he said he wished McIver's team went the simple route and just apologized for having the gun, rather than pointing to conspiracy theories that never gained any ground.

"But instead, we got two and a half days worth of all this, just to come to the conclusion that he knew about the gun all along," said prosecutor Clint Rucker.

Meanwhile, McIver's defense attorneys say they're working hard to get him out soon, because they don't think he can survive in jail. 

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.?

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