The jury in the Tex McIver murder trial concluded their fourth day of deliberations on Friday without reaching a verdict.
The jurors sudden departure just after 4 p.m. came as a surprise. Just minutes earlier, Fulton County Superior Court Judge Robert McBurney said the jurors were "making progress" and wanted to extend their deliberations later than planned.
That announcement set off a buzz of excitement among the lawyers and onlookers in the courtroom and seemed to signal the panel was nearing a decision.
It’s not known why they then decided to call it quits for the day.
The jury of seven women and five men have been deliberating for about 24 hours since they got the case Tuesday afternoon.
MORE: Read the charges filed against Tex McIver
MORE: A look at the Tex McIver jury
Speculation surrounding the high-profile trial has suggested the jury may be deadlocked. But McBurney said he has not been told that is the case.
"I haven't been passed a note or asked a question about what do if we if we're deadlocked," the judge said as the jury filed in
Before dismissing the group for the week, McBurney warned them to avoid reading media reports about the case and urged them not to talk to each other about it either.
“Enjoy your weekend. Refresh. Recharge. And come back ready to reach a consensus,” the judge said.
Tex McIver, 75, is charged with malice murder after shooting his wife, Diane, in the back in September 2016 as they rode in the SUV near Piedmont Park. A prominent attorney, McIver has said the shooting was a terrible accident. Prosecutors have argued he shot his wife, a successful 64-year-old businesswoman, because of his money woes.
McIver has been charged with murder and four other charges, including witness influencing. The judge is also allowing the jury to consider the lesser included charge of felony involuntary manslaughter.
The jurors posed no questions to the court Friday.
On Thursday, they sat for the second time in the Ford Expedition Diane McIver, 64 was shot in. This time they were permitted to hold Tex McIver’s .38 revolver in an attempt to recreate his positioning during the shooting.
They also reviewed copies of emails between the two and re-watched Tex McIver’s interview with Atlanta police officers.
The jury will resume deliberations Monday at 9 a.m.
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