laud "Tex" McIver appears before Chief Magistrate Judge Cassandra Kirk at the Fulton County jail on Thursday, HYOSUB SHIN / HSHIN@AJC.COM
Photo: HYOSUB SHIN / AJC/hshin@ajc.com
Photo: HYOSUB SHIN / AJC/hshin@ajc.com

Court orders Tex McIver to wear ankle monitor, surrender his passport

Atlanta attorney Claud “Tex” McIver was ordered this morning  to turn over his passport and to wear an ankle monitor while the state’s investigation into the shooting death of McIver’s wife, Diane, proceeds.

McIver, wearing a blue jail jumpsuit for his first appearance hearing Thursday, also was ordered by the court not to carry any weapons. The state asked for $1 million bond, arguing that the defendant is a flight risk. McIver sought a bond of $100,000. But Chief Magistrate Judge Cassandra Kirk settled on $200,000. 

Wearing handcuffs, McIver leaves the courtroom after the judge set bond at $200,000. HYOSUB SHIN / HSHIN@AJC.COM
Photo: HYOSUB SHIN / AJC/hshin@ajc.com

McIver is charged with involuntary manslaughter, a felony, and reckless conduct, a misdemeanor, for shooting his wife in the back as the two rode in their SUV near Piedmont Park late on the night of Sept. 25. 

Diane McIver died at Emory Hospital later that night.

He turned himself in at the Fulton County jail Wednesday night. 

McIver’s attorney, Cal Leipold, told the court that McIver has been a hermit since his wife’s death.

“He’s done nothing except be heartbroken,” Leipold said.

McIver was expected to post bond and leave the jail sometime today, after being fitted with the ankle monitor.

McIver, who turns 74 today, has always insisted the shooting was a terrible accident. His attorney has said McIver was riding in the back seat of the vehicle when he inadvertently pulled the trigger on his .38-caliber revolver, firing through the front passenger seat and striking his wife in the back.

He has always insisted that the shooting was an accident.

After the hearing, Leipold said he has known Tex and Diane McIver for more than 20 years and called them one of the greatest couples he’s ever known.

“We believe this was an accident,” he said. “We believe this  was a tragedy.”
In response to a question about McIver’s state of mind, Leipold replied: “Distraught is not a strong enough word. It’s been horrible.”

The state also asked at today’s hearing that the ongoing auction of Diane McIver’s possessions be halted. The judge would not agree to do so.

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