Claud “Tex” McIver will stand trial for the murder of his wife on Oct. 30, a judge ordered Monday.
McIver pleaded not guilty to shooting his wife Diane as they were driving near Piedmont Park last September. He was in court last week as his attorney sought to have McIver released from jail, where he’s been for nearly two months following the discovery of a pistol in a sock drawer of his Buckhead condo, a violation of his prior bond release.
Attorney Stephen Maples, co-counsel for McIver, said the defense is ready and so is his client.
An evidentiary hearing is scheduled for Aug. 25. No word on when Fulton County Superior Court Judge Robert McBurney will decide whether to reinstate bond for McIver.
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At McIver’s arraignment last week, Fulton County Assistant District Attorney Clint Rucker suggested the former vice chairman of the state Board of Elections was trying to manipulate the case against him from behind bars.
“He’s a very smart man and he is very well-connected,” Rucker said of McIver. “He has the financial resources to reach out to people who can have influence over what happens to him.”
Prosecutors said authorities recorded three recent phone calls by McIver from jail. In one, he speaks about providing a car to a potential witness and in another soliciting a favor from a judge.
McIver also called his sister, Dixie, to discuss providing a vehicle to James Hugh, a former employee of the McIvers who washed their cars and ran errands.
He also called Anne Schwall, the former wife of Fulton Judge Craig Schwall, Rucker said. The McIvers were the godparents of the Schwalls’ young son, Austin. Rucker suggested that McIver asked her to reach out to her ex-husband.
McIver co-counsel William Hill said Rucker was taking those phone conversations out of context.
Prosecutors have charged the 74-year-old attorney with malice murder, felony murder, possession of a weapon and three counts of attempting to influence witnesses. McIver has maintained that he shot his wife accidentally.
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