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Does jury question signal acquittal for Tex McIver?

Tex McIver sits with his defense team before closing arguments in his murder trial on April 17, 2018 at the Fulton County Courthouse. (Channel 2 Action News)
Tex McIver sits with his defense team before closing arguments in his murder trial on April 17, 2018 at the Fulton County Courthouse. (Channel 2 Action News)

Credit: Channel 2 Action News

Credit: Channel 2 Action News

The jurors in the Claud “Tex” McIver murder trial have wrapped up their second day of deliberations without reaching a verdict.

But late Wednesday they provided some clues on their thinking, asking the judge four questions, one of which could be viewed as promising news for the prominent Atlanta attorney charged with killing his wife.

The first appears to be the most telling. Jurors asked if they could convict on Count 5,  influencing a witness (Dani Jo Carter, who was driving the vehicle where her best friend, Diane McIver, was shot and killed), if they voted to acquit on the other four charges, including murder. They can, said Judge Robert McBurney, but will they?

Jurors also requested a second trip inside the Ford Expedition with the gun that killed Diane McIver. The judge said he’d consider it if it can be achieved logistically. The defense indicated they would argue against it.

4/17/18 - Atlanta - Chief Assistant District Attorney Clint Rucker, with a photo of Diane McIver behind him, makes closing arguments for the prosecution today during the Tex McIver murder trial at the Fulton County Courthouse. Bob Andres bandres@ajc.com
4/17/18 - Atlanta - Chief Assistant District Attorney Clint Rucker, with a photo of Diane McIver behind him, makes closing arguments for the prosecution today during the Tex McIver murder trial at the Fulton County Courthouse. Bob Andres bandres@ajc.com

4/16/18 - Atlanta - McIvers’ Ford Expedition, where the shooting took place, in the basement of the courthouse after the jury had a chance to look at it during the Tex McIver murder trial at the Fulton County Courthouse on Thursday, April 12, 2018. PHOTO COURTESY OF THE FULTON COUNTY SHERIFF’S DEPARTMENT
4/16/18 - Atlanta - McIvers’ Ford Expedition, where the shooting took place, in the basement of the courthouse after the jury had a chance to look at it during the Tex McIver murder trial at the Fulton County Courthouse on Thursday, April 12, 2018. PHOTO COURTESY OF THE FULTON COUNTY SHERIFF’S DEPARTMENT

Jurors will be allowed to re-watch the interview Tex McIver gave to Atlanta police.

Deliberations continued  until 5 p.m. They plan to be back at work Thursday at 9 a.m.

McIver is accused of fatally shooting his wife, Diane, on September 25, 2016. The couple were coming home from a weekend at their ranch in Putnam County; Carter,was driving their Ford Expedition near Piedmont Park when Tex fired a bullet into his wife's back. McIver said he was asleep in the back seat and shot the gun inadvertently.


INDICTMENT: Charges filed against Tex McIver

DIANE McIVER: Five Things to Know