Fulton County prosecutors say they will fight the release on bond of Claud "Tex" McIver when the prominent Atlanta attorney is arraigned Tuesday on charges that he murdered his wife.
Prosecutors said there is a risk of McIver committing additional crimes and intimidating witnesses, according to court papers filed Friday in Fulton County Superior Court.
The 74-year-old McIver, they added, has already shown his capacity to violate bond restrictions. McIver had an earlier bond in the case revoked after authorities said they found a Glock pistol in a sock drawer in his Buckhead condo. He has been in jail since April.
“Given the severity of the charges pending against the defendant and his established inability to abide by basic bond conditions, the state respectfully requests that the defendant’s motion for bond be denied,” says the motion obtained by The Atlanta Journal-Constitution.
McIver's attorney Stephen Maples said his client presents no risk of bad behavior and would abide by any restrictions. He added that McIver is not likely to flee from the area.
McIver shot his wife, Diane, in the back as they rode in their SUV near Piedmont Park in September. He has said it was an accident. Police initially charged him with involuntary manslaughter and reckless conduct, charges which indicated they believed the incident was an accident.
But DA Paul Howard upgraded the charges in April to malice murder, felony murder and attempting to unlawfully influence witnesses in his case. That has necessitated another court arraignment.
Prosecutors and McIver’s defense team have filed a flurry of motions in the case, several of which were obtained by Channel 2 Action News.
The prosecution has asked for the guns owned by McIver, which have been held by several acquaintances since the shooting.
Maples, his attorney, has filed a motion to throw out that request. He said prosecutors simply want to stack up guns in front of McIver in court for the benefit of the news cameras.
“They have nothing to do with this at all,” Maples said. “It’s just a cheap publicity stunt.”
McIver’s wife, Diane, was herself a prominent businesswoman in Atlanta. She served as president of U.S. Enterprises. It is the company of Billy Corey, who had hired Diane McIver as a teen and eventually made her company president.
The DA's office has focused much of its efforts on investigating the finances of the McIver couple.
But Maples discounted the theory that Tex McIver might have killed his wife for her money.
"They both had more money than you or I," Maples said. "Mr. McIver had substantial financial assets, which exceeded Mrs. McIver."
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