ATLANTA - Final jury selection was made on Monday as the Tex McIver case pushes onward. All jurors will be sworn in at 9 a.m. on Tuesday, March 13.
The makeup of the jury plays a very crucial role in the outcome of this trial. There are five white men, four white women, two black women and one black man.
The judge was very clear with the jurors as their media blackout began. He instructed them not to watch or read anything having to do with the case.
The case began following the jury being seated with testimony from some of the witnesses. The prosecution wants the testimony on whether or not Diane McIver had a second will to be included while the defense wants it thrown out.
The judge deliberated Monday night and will make a decision Tuesday before the case proceeds.
The question of whether or not the trial will be relocated was also answered. It will not.
Early in jury selection, the judge questioned if they were going to be able to seat an impartial jury because many had already formed opinions due to the exposure of the case in the news. Legal experts explained to 11Alive some other locations could likely have been Albany, Columbus or Savannah.
The prosecution and defense struck more than 100 potential jurors from the pool. However, they were able to seat a full jury with alternates.
BACKGROUND |
Claud “Tex” McIver is accused of intentionally killing his wife, Diane McIver, on Sept. 25, 2016. Diane McIver died after being shot in the back with a handgun while in the passenger's seat of an SUV. Tex was riding behind her and had a loaded revolver in his lap.
According to Tex, the revolver fired on its own and claims that the shooting was "a horrible accident."
Tex is an attorney with the Fisher and Phillips law firm. He is also on the advisory committee of the American Bar Association's Standing Committee on Gun Violence.
He was originally charged with misdemeanor reckless conduct and felony involuntary manslaughter in September 2016. He was released on a $200,000 bond with conditions that included wearing an ankle monitor, surrendering his passport and having no contact with anyone employed with Diane's business. At the time, he was also told he was not allowed to carry any weapons.
However, a judge revoked McIver's bond after a gun was found inside of his Buckhead condominium.
In April 2017, a grand jury indicted him for malice murder. McIver is now facing several charges including malice murder, felony murder, aggravated assault with a deadly weapon, possession of a firearm during the commission of a felony and three counts of influencing witnesses.
He was again released on bond in December. Jury selection began on Monday, March 5.
