Atlanta attorney charged with malice murder, influencing witness - CBS46 News

Tex McIver charged with malice murder, influencing witnesses, in death of wife

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ATLANTA (CBS46) -

The Fulton County district attorney's office said they will charge Tex McIver with malice murder in the shooting death of his wife Diane.

McIver is accused of shooting and killing his wife Diane McIver and a grand jury indictment found cause to charge him with murder, along with six other charges including unlawfully influencing witnesses, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.

The indictment alleges that Tex McIver influenced witnesses, including Dani Jo Carter, the woman who was driving the two when Diane McIver was shot in the back. It says McIver left a voicemail on Dani Jo's husband's voicemail and implied she should stop talking to police "because said statements placed the defendant at imminent risk of immediate incarceration."

It also alleges McIver told Dani Jo's husband he should delete the voicemail, the state says to prevent police from getting it.

Bill Crane, who served as a spokesperson for the family soon after the incident was also asked to retract a statement Tex McIver had made to him that was published on his behalf, according to the indictment.

"As a result of the indictment, the Grand Jury issued a 'No Bond' warrant for McIver's Arrest. McIver will be assigned to a Fulton County Superior Court Judge within the next several days and appear at a Court arraignment a short time later," DA Paul Howard's office said.

Howard's office said McIver was also indicted for his efforts to unlawfully influence witnesses. Charges that could carry sentences of two to ten years in prison for each count.

McIver faced bond revocation hearing earlier this week

After three days of hearings starting Friday, April 21, a judge in Fulton County decided he would revoke the McIver's bond after he violated it. During the hearing, the prosecution expressed concern that McIver could influence witnesses, were he released.

McIver was taken back to jail as a result of the bond violation Wednesday. 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. It's not clear what affect the new charges against him will have on that. 

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.

Wife shot during drive through Atlanta

McIver is accused of shooting and killing his wife Diane last September, while the two were driving back into Atlanta 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, Dani Jo Carter, 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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