Jurors yet to reach verdict in Tex McIver murder trial, delibera - CBS46 News

Jurors yet to reach verdict in Tex McIver murder trial, deliberations continue

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Source: WGCL Source: WGCL
ATLANTA (CBS46) -

A verdict could come down soon as jury deliberations continue in the Tex McIver murder trial.

On Wednesday, the jury asked if they could find McIver not guilty of the first four charges, which include murder and still find him guilty on the fifth charge of influencing witnesses. The judge said yes.

Jurors also asked for another look at the gun and the SUV. They'll see that evidence on Thursday.

During closing arguments on Tuesday, prosecutors pleaded with the jury to get justice for Diane McIver. The defense attacked the state's case, saying it was weak and full of empty promises.

On Monday, the judge allowed jurors to sit in the Ford Expedition where Diane McIver was killed.

CBS46 cameras were not allowed to film but the court provided pictures of the SUV. Jurors couldn't sit in the passenger seat because there's a dowel poking through where an investigator tried to figure out the path of the bullet.

Jurors were allowed to sit in the driver's seat and also the backseat where Tex McIver was sitting when the fatal shot was fired. He claims he grabbed the gun for protection as they drove through Atlanta, then he eventually fell asleep and accidentally pulled the trigger when he was startled awake.

A sleep expert hired by prosecutors testified Monday that it's not likely that McIver could've gotten into that deep of a sleep just minutes after being so afraid of his surroundings.

"He was driving and seeing more and more people on the streets and it made the hair on the back of his neck stand up," said sleep expert Dr. Mark Pressman. "People who are very fearful will have a very hard time falling asleep."

Last week, the defense called the McIver's masseuse, Annie Anderson, to the stand.

The state alleged McIver spent several nights with Anderson after he shot and killed his wife.

Annie Anderson told the jury she spent the night on the floor of McIver's bedroom after Diane died to watch over Tex. She said several of them were concerned about his state of mind and well being. The defense says the state is slandering Anderson and trying to make it seem that the two were having an affair.

The state asked her why she went to the police station with him when he gave his statement to detectives.

"Tex can't drive on his medication." Anderson said.

The state also asked Anderson why she drove Tex in Diane's Jaguar to the farmhouse the weekend after Diane died. She said it was because she didn't have her car.

In the early weeks of the trial, state witness Jay Grover testified he saw Anderson wearing a pair of Diane's boots that he and his wife bought her for Christmas. Anderson says that's impossible.

"You don't remember wearing boots with a western flare that belonged to Diane?" Chief Assistant District Attorney said.  "No I don't. She was a 7.5 and I'm a 10.5." Anderson said.

The judge allowed the defense one question about the effect the media coverage of this had on Anderson. She testified that she was hurt and humiliated.

The defense is expected to rest their case tomorrow. Jury deliberations could begin as early as next week.

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