Editor's note: This story was originally published in 2017. It has been republished in preparation of the Tex McIver trial.
ATLANTA -- Fulton County prosecutors believe Tex McIver is hiding a secret will his wife, Diane, drafted before she died.
The will, they allege in an emergency filing in probate court, could hold "evidence of the motive in her death."
But McIver's attorneys strongly deny these claims.
"There's no second will. He's not going to find a second will," his lawyer, Stephen Maples, said. "There's no financial motive. There's no jealousy. There's absolutely no motive."
McIver is charged with involuntary manslaughter but prosecutors are hinting that they may be trying to increase those charges.
"He's been charged with involuntary manslaughter by the Atlanta Police Department but that has absolutely nothing to do with the Fulton County DA's office," Assistant District Attorney Clint Rucker said in his closing arguments.
McIver was put back into handcuffs Wednesday afternoon after a Fulton County judge ruled McIver violated his bond by having a gun in his Buckhead condo.
Judge Robert McBurney said he's open to having McIver serve house arrest. But an agreement won't come until Thursday at the earliest. McIver's lawyers said they're worried about their client
"He cannot spend time in jail or prison," Attorney William Hill said. "He is just physically and emotionally and psychologically not in a position where he can do it."
During the 3-day bond revocation hearing, which at times took on the appearance of a full-fledged trial, the defense tried to paint the picture that someone had planted the gun in McIver's sock drawer. The judge admonished the defense for those actions and also said he was shocked the one of McIver's attorneys told the estate manager to remove the gun.