Claud "Tex" McIver enters court Friday morning. He is asking a judge to release him from jail so he can visit his dying mother and contesting other legal issues in his coming trial.

McIver asks to leave jail to visit dying mother

Claud “Tex” McIver has asked a judge to let him leave jail to visit his dying mother.

McIver is in jail awaiting trial on murder charges stemming from the shooting death of his wife, business executive Diane McIver.

Diane McIver died after being shot in September 2016 while driving her car in downtown Atlanta. Police initially charged Tex McIver with reckless conduct and involuntary manslaughter, suggesting he didn’t mean to pull the trigger.

He was sitting behind his wife in an SUV when he pulled out a pistol because he believed they had driven into a Black Lives Matter protest and was fearful, a spokesman for McIver initially said. McIver has maintained the gun went off by accident.

But after months of further investigation McIver was charged with with malice murder, felony murder and five other counts.

McIver is in jail, but wants to be allowed to visit his 98-year-old mother in Texas. She is in hospice and dying.

His legal team is also asking the judge to suppress evidence that the team believes was illegally gathered.

The high profile trial is expected to begin in October.

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