Judge to deadlocked Tex McIver jurors: Keep trying

4/23/18 - Atlanta - Tex McIver (left), defense attorneys Don Samuel and Bruce Harvey talk during court discussion on giving the jurors an Allen charge, encouraging a deadlocked jury to reach a verdict, after jurors in the Claud "Tex" McIver trial say they "don't see a path" to overcome their differences on the defendant's intent for all but one of the five counts, including malice murder. The jury resumed their fifth day of deliberations this morning during the Tex McIver murder trial at the Fulton County Courthouse. Bob Andres bandres@ajc.com

Credit: Bob Andres

Credit: Bob Andres

UPDATE: The judge in the Tex McIver murder trial  instructed the jury to double down and try to reach a verdict.

Jurors sent out a note earlier today saying they “don’t see a path” to overcome their differences on the defendant’s intent for all but one of the five counts, including malice murder. Judge Robert McBurney delivered what is called an Allen charge to try to break the deadlock.

The seven women and five men in the jury listened, looking stone-faced.

Follow along here as The Atlanta Journal-Constitution and Channel 2 Action News bring you live courtroom coverage:

The jury is in their fifth day of deliberations. They have been debating McIver’s fate for more than 25 hours.

They resumed Monday morning and, within 90 minutes, had three questions about intent for Judge Robert McBurney:

*How does intent affect the charge of aggravated assault with a deadly weapon? There must be an intent, the judge ruled.

*For an assault to occur does there need to be an intent to cause violent injury or just an action that causes the injury? Again, intent is required, McBurney said.

4/23/18 - Atlanta - Chief Assistant District Attorney Clint Rucker (left) talks with Fulton County District Attorney Paul Howard, Jr., as the court took up discussion of questions from the jury. The jury resumed their fifth day of deliberations this morning during the Tex McIver murder trial at the Fulton County Courthouse. Bob Andres bandres@ajc.com

Credit: Bob Andres

Credit: Bob Andres

*On misleading conduct – does this mean the person who is subjected to the offense needs to be tricked or does the subject just have to ask or say something? The state must prove beyond a reasonable doubt  that the defendant engaged in misleading conduct in order to get (Dani Jo Carter, the sole witness to the shooting) to lie to police. Carter testified that Tex McIver suggested she tell police she wasn't in the SUV when the shooting occurred. She refused, and her decision is irrelevant to the charge, McBurney ruled. Intent is required. Success is not.

4/23/18 - Atlanta - Fulton County Chief Judge Robert McBurney gives the jury an Allen charge, encouraging a deadlocked jury to reach a verdict, after jurors in the Claud "Tex" McIver trial say they "don't see a path" to overcome their differences on the defendant's intent for all but one of the five counts, including malice murder. The jury resumed their fifth day of deliberations this morning during the Tex McIver murder trial at the Fulton County Courthouse. Bob Andres bandres@ajc.com

Credit: Bob Andres

Credit: Bob Andres

McIver, 75, is charged with killing his wife, Diane as they rode in their SUV near Atlanta's Piedmont Park in September 2016. McIver has said the shooting was a terrible accident. Prosecutors say he shot his wife intentionally because of money troubles.

McIver waits in a courtroom divided between his supporters and those who think he intentionally killed his wife, Diane. Her colleagues at U.S. Enterprises make up the latter group, while McIver’s sister and former masseuse Annie Anderson, a key defense witness, are among those composing the former. Both sides have remained spectators in McBurney’s courtroom throughout the deliberations, waiting along with everyone else.

4/23/18 - Atlanta - Friends of both Tex and Diane McIver share a row in the gallery as the jury resumed their fifth day of deliberations this morning during the Tex McIver murder trial at the Fulton County Courthouse. Bob Andres bandres@ajc.com

Credit: Bob Andres

Credit: Bob Andres


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