Atlanta man denied bond after wife's fatal SUV shooting

A judge on Friday denied bail for a prominent Atlanta man waiting for a second trial in the case of his wife's death after his murder conviction was overturned by Georgia's highest court earlier this year.

Claud "Tex" McIver, 79, was convicted in 2018 for charges including felony murder in the September 2016 death of 64-year-old Diane McIver and received a life sentence. 

The Georgia Supreme Court in June reversed the murder conviction, stating that the jury should've been given the option of a misdemeanor involuntary manslaughter charge.

In overturning his other convictions, the high court upheld his conviction for influencing a witness. McIver completed his sentence for that last month.

Prosecutors stated in a July court filing they intend to retry McIver on charges of felony murder, aggravated assault with a deadly weapon, and possession of a firearm during the commission of a felony.

"He's currently detained even though he wasn't convicted of anything new," defense attorney Don Samuel told Fulton County Superior Court Judge Robert McBurney at a hearing on Friday, as reported by The Atlanta Journal-Constitution.

Samuel requested bail be set at $220,000 and proposed that McIver live with his sister near Dallas, Texas, according to the newspaper.

Prosecutor Adam Abbate urged the judge to refuse bail.

"He's 80 years old," Abbate stated. "Following a murder conviction, he's less inclined to return to court as he has less to risk."

After hearing from four witnesses called by the state, all urging the judge not to release McIver, McBurney denied the bail request.

"Here we have a man who was told by a jury that he is guilty of felony murder and will spend his natural life in prison," McBurney said. "That creates a strong motive for you, Mr. McIver, to not return to court and confront much of the same evidence."

The McIvers were affluent and well-connected. He had been a partner at a notable labor and employment law firm and was a member of the state election board. 

She held the position of president of U.S. Enterprises Inc., the parent firm of Corey Airport Services, where she worked for 43 years.

At the moment of the shooting, Tex McIver was no longer a firm partner, and his income had declined substantially. 

He and his wife managed separate finances, and prosecutors accused him of murdering his wife to gain access to her money for his expenses. 

Defense lawyers argued otherwise, insisting McIver deeply loved his wife and her death was a tragic accident.

Dani Jo Carter, a close friend of Diane McIver, was driving the couple's Ford Expedition on the evening of September 25, 2016, as the trio returned from a weekend at the McIvers' horse farm located roughly 75 miles east of Atlanta. 

Diane McIver was sitting in the front passenger seat, while Tex McIver was in the back seat behind his wife.

With traffic heavy on the interstate, Carter took an exit in downtown Atlanta. Shortly after, McIver discharged the gun single shot, hitting his wife in the back. Carter then drove to a hospital where Diane McIver passed away.