A judge has decided to revoke bond for Claude "Tex" McIver after a gun was found inside his Buckhead condominium during the execution of a search warrant.
The emergency motion was filed April 21, and Fulton County Superior Court Judge Robert McBurney announced his decision Wednesday evening.
During the execution of an April 14 search warrant, investigators discovered a handgun and ammunition in McIver's bedroom closet. When they returned on April 18, the gun was no longer there, after an estate manager for McIver moved it. The state argued during an emergency hearing on April 21, that McIver had violated the terms of his bond, and that it should be revoked. After hearing arguments from both sides, the judge ultimately agreed.
"Given how much tragedy has befallen Mr. McIver, and his family, and Mrs. McIver's family and friends, it is remarkable and alarming that there was a gun that accessible to Mr. McIver," judge McBurney said.
McIver was taken into custody and taken back to jail.
Last September, McIver's wife, Diane McIver was accidentally shot to death inside an SUV she was riding in, along with her husband as they returned to Atlanta from a weekend trip. At the time, all police knew was that Diane, a prominent Atlanta businesswoman had been shot inside of a car that she was riding in, and that her husband was inside the vehicle.
It was later determined that her husband was the one responsible for her accidental shooting death. Tex McIver called the shooting a "tragic accident" and says he's passed a polygraph about what happened on that night.
Tex McIver was later arrested and charged with misdemeanor reckless conduct and felony involuntary manslaughter. In December 2016, he was released on $200,000 bond, with conditions that included the wearing of an ankle monitor, surrendering his passport and having no contact with anyone employed with Diane McIver's business. At the time, he was also told he was not allowed to carry any weapons.
BACK STORY | Attorney charged in wife's shooting death
During court proceedings, McIver's attorneys tried to argue that the handgun found belonged to his late wife Diane, and that he did not know where it had come from. His legal team also seemed to insinuate that it was planted by someone else. However, an ATF search for the gun determined it was purchased by McIver's brother in Texas. How it came to end up in the closet, though, is still a mystery.
Judge calls out #TexMcIver defense team for insinuating the gun was planted and for asking estate manager to take the gun away #11Alive
— Ryan Kruger (@Ryan11Alive) April 26, 2017
Attorneys and the judge are still trying to work out the specifics of a new bond arrangement, however, the judge indicated that McIver might be placed under house arrest and will continue wearing an ankle monitor.
Judge says he will revoke #TexMcIver bond but says he is amendable. He will rework probation but wants him in custody right now. #11Alive
— Ryan Kruger (@Ryan11Alive) April 26, 2017
