‘Breakdown’ S05 Ep. 2.5: McIver trial delayed, with fireworks


Two weeks before Claud “Tex” McIver’s murder trial was to begin, the prosecution filed an unusual motion.

The state wanted to delay the trial, scheduled for Oct. 30 because, it said, the defense might not be ready.

“What am I supposed to do with that?” said William Hill, lead defense attorney for McIver. “Which is why I didn’t file a response. … It is so transparently disingenuous and it is so blatantly gamesmanship that there is no intelligent response that I can make.”

» Breakdown, Season 5: The McIver Murder Case

Episode 2.5 of the AJC podcast, “Breakdown: The McIver Murder Case,” will be available early Monday on iTunes, Stitcher or your favorite podcasting platform. You can also stream it from right here, right now (player below).

McIver is charged with malice murder in the shooting death of his wife, Atlanta corporate executive Diane McIver. He says the shooting was a tragic accident.

» McIver trial delayed until March

» McIver shooting a tale of love, race and class

Fulton County Superior Court Judge Robert McBurney said he decided to delay McIver’s trial until March 5 because both sides needed more time to prepare.

On the prosecution side, the state wants time to review the contents of 30 boxes of material its investigators seized from McIver. Chief Assistant District Attorney Clint Rucker says the boxes may contain evidence of a financial motive for Diane McIver’s murder. The defense, meanwhile, needs time to review 90,000 emails from Diane’s corporate account — emails that were just recently delivered to the defense by the prosecution. McIver’s defense team will be looking for evidence of warm or loving exchanges between the McIvers.

This fifth season of “Breakdown” will go on hiatus after Monday until a week before the McIver trial begins.

JOIN THE DISCUSSION: Join the Breakdown Podcast Facebook group for more AJC coverage and behind-the-scenes looks at previous Breakdown seasons.



Reader Comments ...


Next Up in Local

Latest on elections results in DeKalb County
Latest on elections results in DeKalb County

With about a fourth of precincts reporting by 9:30 p.m., incumbent Superior Court Judge Courtney Johnson had a sizeable lead over attorney Genet McIntosh Hopewell. Hopewell’s campaign centered largely on accusations that Johnson behaved poorly at times from the bench. A second Superior Court race appears destined for a runoff. Latisha Dear-Jackson...
Gwinnett elections: Latest on commission, school board primaries
Gwinnett elections: Latest on commission, school board primaries

In Gwinnett County, Democrats were vying Tuesday for the right to challenge Republican incumbents in two commission districts this fall. Both parties were holding primaries for a pair of open school board seats, too. By about 10:30 p.m., more than 80 percent of precincts were reporting in most races. MORE: Gwinnett debuts bilingual voting sticker In...
Tanning beds costing millions in U.S. medical bills, study finds
Tanning beds costing millions in U.S. medical bills, study finds

The rosy glow of indoor tanning pales in comparison to the millions of dollars in medical costs associated with tanning beds. A study, published in the Journal of Cancer Policy, found that tanning beds caused more than 250,000 cases of skin cancer and 1,200 deaths in 2015, at a cost of more than $340 million in medical bills. “The use...
In early returns, Fulton County election results have many close races
In early returns, Fulton County election results have many close races

In a number of  Fulton County races, elections remain too close to call. After after the polls closed Tuesday, county commission chairman Robb Pitts was leading challenger Keisha Waites by a slim margin to keep his seat.  Both are vying to serve a full, four-year term as commission chair. Pitts beat Waites in a runoff last year to fill...
Incumbents, newcomers take lead in south metro Atlanta vote results
Incumbents, newcomers take lead in south metro Atlanta vote results

Edward “Edge” Gibbons, a program manager at defense contractor Raytheon, won a race Tuesday to become a member of the Fayette County Commission. The Republican beat out two competitors for the District 3 seat with 50 percent of the vote, avoiding a runoff. Gibbons, who will replace Commissioner Steve Brown, who decided not to run for re-election...
More Stories