Two counts dismissed in McIver murder trial - CBS46 News

Two counts dismissed in McIver murder trial

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Source: WGCL Source: WGCL
ATLANTA (CBS46) -

Two counts have been dismissed in the murder trial of Tex McIver as of Wednesday afternoon.

Counts 6 and 7, which involve misleading investigator and influencing witnesses were both dropped.

The prosecution rested its case on Tuesday afternoon in the Tex McIver murder trial. McIver, a high-profile attorney, is accused of intentionally shooting and killing his wife. 

One of the final people to testify on Tuesday said McIver offered him money to help get the charges against him dropped. Jeff Dickerson is a former journalist and commentator who now works as a crisis communications consultant.

"He said he would offer a bonus if I was to make that happen and that it would be okay with him, I think were his words, if I shared that with others" said Dickerson in court. "It became clear to me that he was making reference to the District Attorney."

Dickerson told the jury that a bonus is not unusual when you achieve a client's goals. But he would never offer to share money with the district attorney because, at the least, it would be unethical and at most, illegal or criminal.

The defense will now take its turn.

Testimony resumed on Monday in the Tex McIver murder trial after jurors were off last week due to prior engagements during the Spring Break holiday.

On Monday, a surgeon, Dr. Marty Sellers, testified that Tex McIver yelled at another doctor and said "Don't tell me what to do, boy." It happened when Sellers and his assisting resident brought McIver into the family waiting room to tell him his wife was dead.

Sellers also said McIver made another interesting comment to the doctors about his time in the Army.

"He went into a description and said 'I used to do this in the Army or military. I had to call parents and say little Johnny didn't survive,'" said Sellers.

When the trial left off before the break, GBI investigator Zachary Weitzel took the stand and demonstrated to the jury how to fire the hand gun Diane McIver was shot with.

"This trigger pull is the weight it takes to fire the firearm," said Weitzel.

The gun is a .38 Smith and Wesson revolver.

"This is the scale that I use," said Weitzel.



Weitzel says the pressure it takes to pull the trigger depends on if the gun was in single or double action.

"With double action you see that the trigger is set further back so from there I would have to pull the trigger back all the way," said Weitzel

When in double action, it takes 12 pounds of pressure to fire. Single action dry fires gun But single action only takes 2 pounds of pressure.

"If a gun is in single action it's primed its ready to be fired. The only way a gun can be fired is if the trigger is pulled long enough to fire it," said Weitzel.

McIver attorneys say it's still possible to fire the gun on accident.

"If it's in single action even keys in your pocket can set it off, right?" "Yes."

Neither the state or defense has proven what action the handgun was in when fired.

"Is there a way you can test to see if the weapon was filed in single action or double action?" "No."

Witness testimony began the second week of March. 

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