Claud “Tex” McIver is heartbroken over his wife’s death and isn’t going anywhere, McIver’s attorney told a Fulton County magistrate judge Thursday. But the judge still ordered McIver to turn over his passport and wear an ankle monitor while the investigation into the shooting death of Diane McIver proceeds.
McIver, wearing a blue jail jumpsuit for his first court appearance, also was ordered by the court not to carry any weapons under the conditions of his bond. The state asked for $1 million bond, arguing that the defendant is a flight risk. McIver sought a bond of $100,000. But Magistrate Judge Melynee Leftridge settled on $200,000. McIver was expected to post bond and be released from jail later Thursday. (As of 7 p.m., he was still at the jail.)
The longtime Atlanta attorney is charged with involuntary manslaughter, a felony, and reckless conduct, a misdemeanor, for shooting his wife in the back with a .38-caliber revolver as the two rode in their SUV near Piedmont Park late on the night of Sept. 25. Neither Tex McIver nor Diane's friend, Dani Jo Carter, who was driving the SUV, called 911 after the shooting. Carter then drove the three to Emory University Hospital, where Diane McIver died hours later.
Through his attorney and a spokesperson, McIver has called his wife’s death an accident. Those that are closest to the high-profile couple have stood by McIver’s account. And, based on the charges, investigators do not believe McIver intended to shoot his wife, though he did pull the trigger.
On Tuesday, an arrest warrant was issued for McIver, and the following evening, he surrendered to U.S. marshals, who brought him to the Fulton County jail.
McIver’s attorney, Cal Leipold, told the court that McIver has been a hermit since his wife’s death, and balked at the state’s request to stop him from talking to potential witnesses.
“Mr. McIver is an attorney for more than 44 years,” Leipold said. “He knows what it means to improperly influence witnesses. There’s not one iota of evidence he’s ever tried to do anything like that.”
Further, Leipold said, even though he has the money to do so, McIver hasn’t been traveling since his wife’s death.
“He’s done nothing except be heartbroken,” Leipold said. “He’s been a virtual hermit.”
Prosecutor Clint Rucker said the Atlanta police investigation into the shooting lasted nearly three months because of additional "testing." But Rucker declined to elaborate.
“Guns don’t just go off,” the prosecutor said.
McIver, who turned 74 Thursday, has always insisted the shooting was a terrible accident. His attorney has said McIver was riding in the back seat of the vehicle when he inadvertently pulled the trigger on his .38-caliber revolver, firing through the front passenger seat and striking his wife in the back.
After Thursday’s hearing, Leipold said he has known Tex and Diane McIver for more than 20 years and called them one of the greatest couples he’s ever known.
“We believe this was an accident,” he said. “We believe this was a tragedy.”
In response to a question about McIver’s state of mind, Leipold replied: “Distraught is not a strong enough word. It’s been horrible.”
McIver, who has three grown children, had planned to spend Christmas in Texas, where his 97-year-old mother lives, according to longtime friend Howard Sills, who is the sheriff of Putnam County. That changed when McIver was criminally charged.
The state also asked that the ongoing auction of Diane McIver’s possessions be halted, but the judge would not agree to do so. Proceeds from the sale of her clothing and other items will be used to cover some $350,000 in bequests that Diane McIver left in her will to friends and employees.
McIver’s next court appearance, his preliminary hearing, is scheduled for Jan. 5.
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