8/25/17 - Atlanta, GA - Claud “Tex” McIver listens to proceedings in court on Friday morning. He has been charged with murder in connection with the Sept. 2016 shooting death of his wife, business executive Diane McIver. McIver says the shooting was accidential. BOB ANDRES /BANDRES@AJC.COM

Will incarcerated Tex McIver attend mother’s funeral?

Should Claud “Tex” McIver, the attorney accused of murdering his wife, be allowed to leave jail to attend his mother’s funeral in Texas?

McIver’s mother died early today in Texas, days after the attorney had requested to leave jail to visit her.

It remains unclear whether McIver, in jail since April on a bond violation, will be permitted to attend the funeral.

McIver’s 98-year-old mother, Winnie, had been in hospice in Texas suffering from pelvic fractures and end-stage lung problems.

The prominent Atlanta attorney plead guilty to the charge again.

“She passed at 4 a.m. this morning,” said McIver’s sister, Dixie, on Monday.

McIver’s attorney, William Hill, has visited his client and informed him of the passing.

“He took the news of his mother’s death like a man who had prepared himself for the worst,” Hill said.

Hill said he’ll ask the court to allow McIver to attend the funeral. He said he’ll request that McIver be released on a pretrial bond, which would allow him not only to attend the funeral but remain free (probably with some conditions) until his trial.

McIver had asked Fulton County Superior Court Judge Robert McBurney on Friday to visit his dying mother. His court motion said the 74-year-old McIver “prays to be near his mother while she is still in life. His suffering, having lost his wife and fearing the loss of his mother, is unimaginable.”

Hill brought up the motion at the tail-end of a two-hour hearing that addressed several other motions regarding the upcoming trial of the attorney. The judge said he would review it and respond this week.

A disappointed Hill said afterward, “She’ll be dead by then.”

Nearly a year has passed since McIver shot and killed his wife, business executive Diane McIver, while they were driving near Piedmont Park on Sept. 25. He has said the shooting was an accident, but Fulton District Attorney Paul Howard has charged McIver with malice murder, felony murder and five other counts.

McIver has been in jail since April when he violated his bond conditions by having a handgun in his condo.

During Friday’s hearing, he sat at the defense table in a navy blue jail uniform. Whereas he once had the well-coiffed visage of a high-powered attorney, McIver has, after nearly four months behind bars, let his white hair and beard grow long and ragged. He looked noticeably thinner, and his attorneys say he’s lost more than 20 pounds.

His appearance seems to grow worse with every court appearance, and while some observers expressed concern for him, others suspected he might be doing this to engender public sympathy.

His trial is set for Oct. 30.

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