Tex McIver pleads not guilty in court, judge yet to make decisio - CBS46 News

Tex McIver pleads not guilty in court, judge yet to make decision on bond

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ATLANTA (CBS46) -

Tex McIver, the man indicted on murder charges in April for the death of his wife Dianne, plead not guilty in court on Tuesday. CBS46's Adam Harding was in the courtroom and says Tex entered the plea by signing the indictment.

Judge Robert McBurney did not make a decision on granting bond in the case. He will review newly introduced evidence, including three phone calls that McIver made from jail. 

The Fulton County District Attorney said they are aware McIver made three calls to outside parties, where prosecutors say he may have been trying to influence people connected to the case. 

He also called his sister.  He told his sister to offer James Hugh one of Diane’s Jaguar. “James is like a little bird. You just have to keep feeding him, and he will come around.”

Hugh previously testified at a McIver bond hearing.  Then, Hugh testified that he not only worked for Tex and Diane McIver, he also worked for Diane's employer, Billy Corey of Corey Industries.  He denied he had placed a gun in Tex McIver’s sock drawer, which was later found by authorities and lead to McIver’s bond to be revoked.

Another phone call was made to Ann Schwall, the wife of Fulton judge Craig Schwall, who is the father of Tex’s god son. Prosecutors says Tex said to her in that call, “ My god son’s father is a judge.  One phone and I could be out of here tomorrow.”

A third call, this time a video call, occurred with Judge Schwall. Prosecutors said Judge Schwall said to Tex “ Look I am with you 100 percent.”

Judge McBurney said Judge Schwall never spoke with him about the McIver case. The prosecution says McIver is again trying to influence witnesses, another reason he should stay in jail, and not granted bond. Judge McBurney did not say how we would learn about his ruling on McIver getting bond.

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.

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, 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 has claimed the shooting was accidental.

The indictment alleges that Tex 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.

Tex has sat in jail since late April.

CBS46 will have much more information in later newscasts.

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