More than two decades before Tex McIver was involved in what he calls the "tragic" accidental shooting of his wife, he was indicted by a grand jury in charges related to another shooting.
According to court documents obtained by 11Alive News and confirmed by witnesses involved in the 1990 case, McIver was indicted by a DeKalb County Grand Jury for aggravated assault, criminal damage to property, and possession of a firearm during the commission of a crime.
According to the indictment, he endangered the lives of three teenagers by firing shots into a Ford Mustang they were in on February 27, 1990.
The police report indicates three neighborhood young men were sitting in the car near McIver’s house late one night when McIver arrived home and let his dogs out.The 18-year-old and 20-year-old reported to police McIver came out of his house with a gun, fired two shots into the air, then fired two more shots at the vehicle as they fled. They said one of those bullets hit the the gas tank. No one was injured. At the time, one of the teens told police his mother was friends with the McIvers.
According to police reports, McIver denied firing a weapon but said he chased the teens on foot because he was worried about burglaries in the neighborhood.
The charges were dropped in September of 1991. According to court documents, “the victims do not wish to prosecute. The defendant has paid restitution to the victims.”
11Alive's Val Hoff contacted one of the victims who confirmed the matter was handled privately but declined further comment.
McIver's attorney, Stephen Maples, says his client felt threatened at the time of the 1990 shooting. According to the police report, "He said he was worried about burglaries and vandalism in the neighborhood".
Maples said the teen's parents pushed for charges to be filed at the time, but later dropped those charges. McIver paid $2,931 to repair damage to the Mustang caused by the gunshots.
Tex McIver underwent a psychological evaluation at the time, where we was found to not have aggressive tendencies.
Twenty-six years later, McIver's wife Diane was shot while sitting in the passenger seat of their car. Tex was sitting in the back, and their best friend, Dani Jo, was driving. They were traveling near Piedmont Park in Midtown.
Tex told 11Alive News he fell asleep holding a gun while in the back seat. He says he woke up minutes later and realized he had accidentally fatally shot his wife. Dani Jo drove them to Emory University Hospital. Diane McIver was rushed into surgery, but did not survive.
An autopsy report says Diane died from a gunshot wound to her back. That bullet, according to the report, traveled from right-to-left, back-to-front, and downward.
Thursday, Maples said Diane was conscious after the shooting. He says the drive to Emory University Hospital took just five minutes.
Tex McIver says he's passed a polygraph about what happened that night.
A spokesperson with the Atlanta Police Department said, "our homicide investigators are working diligently" as they continue to investigate the case.