The Fulton County district attorney filed "emergency" court motions Thursday to stop Atlanta attorney Claud "Tex" McIver from selling at an auction the jewels and furs of his wife, whom he is accused of shooting and killing.
The DA's office will argue the motion in court on Friday, the day before the planned auction of 160 of Diane McIver's furs, clothing and pieces of jewelry. The auction, which runs through Monday, will include a set of earrings valued at upward of $40,000. It would mark the second public sale of Diane McIver's possessions. The first auction took place in December.
If successful, DA Paul Howard’s motion could stop Saturday’s auction. The DA filed a separate motion asking that, should the auction proceed, any proceeds be held until McIver’s criminal case is resolved.
“The state moves this court to prohibit the defendant from utilizing or otherwise expending any assets, property, or funds from the estate of Landa Diane McIver to fund his legal defense, or provide for his own support or well-being,” said the motion filed in Fulton County Superior Court.
McIver's attorney Stephen Maples blasted the DA's action as a "thinly disguised publicity stunt" with no legal merit, intended only to influence potential jurors against McIver. He said McIver has no plans to profit off the sale. He said the money raised from the auction will go toward fulfilling the wishes of his wife, expressed in her will, to present some $350,000 to friends and workers of hers, as well as provide for the education of their children.
“It’s an unethical attempt to influence an entire jury pool,” Maples said. “It serves no purpose whatsoever.”
McIver was charged in late December with involuntary manslaughter, a felony, and reckless conduct, a misdemeanor. The case has yet to go before a grand jury for consideration of an indictment.
McIver shot his wife in the back as the couple rode in their SUV near Piedmont Park. He was in the back seat and she in the front when, according to McIver, he accidentally pulled the trigger on his .38-caliber revolver. Diane McIver died later that night at the hospital.
McIver and his attorney have said the Sept. 25 shooting was an accident, and that he is innocent of any criminal charges.
The DA’s office made a similar motion regarding Diane McIver’s assets during a December hearing after McIver’s arrest, and the court denied it.
McIver's sale of his wife's possessions has been widely criticized as unseemly in social media posts, to the point where McIver had tried to stop the auction, Maples said. But the McIver items are just a part of a larger auction that includes possessions from other estates, and McIver is bound by a contract to participate, Maples said.
In court papers filed Thursday, the DA linked his motion to Georgia’s “slayer law,” meant to prevent someone who caused the death of a person from profiting from it.
The DA also asks the court to stop McIver from profiting from his wife’s insurance policies and any trusts.
Maples, the attorney for McIver, said that state laws overseeing the distribution of a person’s assets prohibit McIver from easily putting his wife’s money in his pocket. McIver must file with a probate court any plans to spend money from his wife’s estate. The court must approve any expenditures. The court could prohibit any money going to McIver until after his criminal case is resolved,Maples said.
Diane McIver was president of U.S. Enterprises and she had ownership in three other companies. She also had ownership in seven properties, including a condo and ranch, according to a financial statement reviewed by the AJC.
In Diane’s will, filed in 2006, Tex McIver is the primary beneficiary. He is listed as executor and receives the majority of her assets. But Diane also gives her friend and driver, James Hugh and his wife, $200,000. Diane’s estate will also pay college costs for the Hughs’ two children.
Phyllis Gable, the couple’s housekeeper, is given $50,000.
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