FULTON COUNTY, Ga. -- An emergency motion to revoke bond has been filed in the case against Claud "Tex" McIver, but no decision has yet been made.
McIver is charged with misdemeanor reckless conduct and felony involuntary manslaughter in the September shooting death of his wife Diane McIver. The couple was riding in their SUV being driven by a friend near Piedmont Park when he shot her through the seat. He said he was sleeping and has called the shooting an accident.
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The motion was filed April 19, and was heard in front of Judge Robert McBurney Friday afternoon, but no decision was reached. Court convened around 6:30 p.m. Friday and could resume Monday afternoon at the earliest.
According to defense attorney William Hill, a search warrant was issued for McIver's condo on April 14. The condo included a home office where computers and files were seized. According to the defense, some of that material is covered under attorney-client privilege. Hill is asking the court to assign a third party to look through that material and sort out what is relevant to the case.
While investigators were searching McIver's condo on April 14, they allegedly found a gun inside a chest of drawers in the lawyer's bedroom closet. Under conditions of McIver's $200,000 bond, he was not allowed to carry any weapons.
The state was pushing for McIver's bond to be revoked because they argue he showed intentional disregard for court's order, posed a safety concern, was a danger to others and had possibly tampered with evidence.
During court proceedings, McIver's lawyers and the state cross examined witnesses -- including an official from the Fulton County D.A. who allegedly found the gun during the Friday search warrant. Officials took photos of the gun, which was inside a plastic Glock case, but when they went back to the condo a second time on Monday the gun was gone.
The estate manager for Diane McIver, Tammy Johnson, was also called in as a witness. She was responsible for inventorying all of Diane's possessions, but also had access to the McIver's condominium and let officers into the residence.
Johnson was there during the execution of search warrant and was shown the gun, however said in court she didn't recall there ever being a gun there since she had just looked through the drawers three weeks prior. Lawyers for McIver also alleged that the gun actually belongs to his wife.
However, once she became aware of it, Johnson told the courtroom that she told a next door neighbor about the gun and asked that neighbor to keep it. When asked, she told the judge she was asked by Tex McIver's attorney to take the gun to the next door neighbor to see if she would take it.
"Why didn't you just give us the gun, then, on Monday," prosecutors asked.
"Why didn't you take it, first," Johnson quipped back. "Why did you put me in that position?"
Prosecutors called it a deliberate interference, tampering and perhaps influencing of witnesses.
"She just took it out of Mr. McIver's apartment and she gave it to her attorney," McIver's attorney Stephen Maples said after court adjourned. "She asked my what she should do, I said give it -- turn it in."
Court ended before McIver's attorney could cross examine Johnson. Court is expected to resume after the weekend.
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