Tex McIver remains in jail after Fulton judge denies bond appeal

A Fulton County judge on Tuesday denied bond for Claud “Tex” McIver, the prominent Atlanta attorney charged with murdering his wife.

McIver has remained in jail for nearly two months since the discovery of a pistol in a sock drawer at his Buckhead condo, a violation of his prior bond release.

RELATED: Prosecutors allege McIver tried to influence murder case

MORE: McIver faced charges in 1990 shooting of teens’ car

McIver has pleaded not guilty in the shooting death of his wife, Diane, as they were driving near Piedmont Park on September 25.

His attorney William Hill, Jr. said in a statement that he is “extremely disappointed” by the ruling, calling it an “injustice.”

An investigation by Atlanta Police Department found the shooting was accidental, Hill wrote. “Without doing any meaningful investigation of his own, the D.A. immediately announced that he wanted a murder charge against Mr. McIver.”

“Mr. McIver is 74 years old, he has lost his wife in a tragic accident, he is suffering greatly, and has now been told that he will remain in jail until the court and the D.A. try his case,” Hill wrote.

McIver’s trial is scheduled to begin on Oct. 30.

Fulton County Superior Court Judge Robert McBurney denied McIver’s release from jail, ruling that McIver poses “a significant threat” to himself and to others. The judge also ruled that McIver has attempted to influence the outcome of his case by talking to potential witnesses, or the people who influence them.

McIver’s legal team said it will pursue other legal avenues to try and get their client out of jail, according to Hill.

Prosecutors allege that McIver had a financial motive for killing his wife. They have suggested that Diane McIver, a successful businesswoman, had a second will that was not as generous to her husband. But there has not been any evidence made public that they have found such a document.

The McIvers were traveling from their ranch in Putnam County to their Buckhead condo last fall when they pulled off the interstate to avoid traffic. A friend was driving their SUV. Diane McIver was in the front passenger seat and Tex McIver was behind her. 

The McIvers pulled their gun from the vehicle console after becoming alarmed by homeless people in the area where they exited the highway. When they neared Piedmont Park it went off, shooting Diane McIver in the back.

She died early the next morning at Emory University Hospital on Clifton Road.

McIver has said the shooting was an accident.

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