Tex McIver's attorneys file motion, citing new evidence of innocence

His attorneys say the DA withheld evidence.

FULTON COUNTY, Ga. – Claud ‘Tex’ McIver’s attorneys filed a motion Monday requesting that the court reconsider denying his bond, citing newly discovered evidence supporting that he is “innocent of murder and deserving of bond.”

Attorney William Hill Jr., claims in the motion that there is new evidence that was “wrongly withheld from Mr. McIver’s counsel by the D.A. at the June 6, 2017 hearing on Mr. McIver’s Motion for Bond…”

McIver, 74, who has been transferred to Fulton County Jail’s Alpharatta, Ga., campus, is accused of murder in the September 2016 shooting death of his wife Diane McIver.

McIver’s legal team alleges that the District Attorney withheld items that would undermine its case, including, reports, photographs and recorded witnesses within the Atlanta Police Department’s case file. One of those withheld interviews, the motion cites, is Patricia Diane Carter, the driver of the Ford Expedition on the day that Diane was shot, in which she is quoted as stating, “There is not a doubt in my mind that it was completely one of the most horrible accidents.”

The APD file also includes multiple interviews with APD detective, Darren Smith as the interviewer, stating that the “shooting was an accident and that accidental discharges happen all the time—further inserting that the police department has had “multiple instances where police officers accidentally discharge their weapon.”

In Smith’s interviews with the Carter and Dr. Suzanne Hardy, who treated Diane, he said, “[It] appears to be an accident to us…” and “Well everything matches up and looks like it’s just one of those accidents.”

Furthermore, his supplemental report reflected that the APD conducted an “extensive investigation” and since the shooting was not intentional, the APD obtained arrest warrants for involuntary manslaughter and reckless conduct. 

In an order issued June 13, Fulton County Superior Court Judge Robert McBurney wrote that McIver is potentially a threat to himself or others if released on bond. He also cited the state's contention that McIver has tried to influence potential witnesses in the case.

McIver appealed to the court for bond the week prior to the judge's ruling, asking to be placed under house arrest at his farm near Lake Oconee. 

After a grand jury indicted him in December, the Atlanta attorney was freed on bond and ordered to surrender his collection of guns. Weeks later, an investigator found a handgun in a drawer at McIver's Buckhead condo, sending him to the Fulton County Jail.

► RELATED | New allegations listed in Tex McIver murder indictment

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► AND | Trial date set for high-powered Atlanta attorney accused in wife's murder

McIver's attorneys say the handgun belonged to a family member. 

McIver contends that he accidentally shot his wife Diane in September as a friend drove them home through Atlanta. McIver told police he was in the back seat of an SUV with a loaded handgun in his lap, and fired the shot accidentally as he dozed off. The shot went through the front passenger seat where Diane McIver was riding, and fatally wounded her.

Diane, 63, was president of Corey Airport Services, a company that provides advertising services in airports across the United States.

McIver's murder trial is slated to begin Oct. 30. 

► PHOTOS | Diane McIver

11Alive reached out to both McIver’s defense attorneys and the District Attorney for comment. The DA’s office has declined to comment as it is a pending case. 

© 2017 WXIA-TV


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