The McIver case is the subject of the AJC's "Breakdown" podcast. A "trailer" episode went up this week; you can stream it here:
The filing on Thursday asks Superior Court Judge Robert McBurney to admit evidence of these alleged offenses into McIver’s upcoming murder trial, which is scheduled to begin March 5.
McIver, 75, once a politically connected attorney, is charged with intentionally shooting his wife Diane, 64, in the back as they drove up Piedmont Avenue on Sept. 25, 2016. Diane, a prominent business executive, died a few hours later on an operating table at Emory University Hospital.
Tex McIver, who was sitting in the rear passenger seat, claims the shooting was a tragic accident. He said he had fallen asleep with a loaded handgun in his lap, and when the car stopped, he awoke, lurched and accidentally pulled the trigger. Fulton prosecutors say McIver meant to kill his wife and have said he had a financial motive to do so.
Prosecutors want to present these new allegations as “similar transaction” evidence. They would would buttress other evidence of motive, intent, knowledge and an “absence of mistake or accident,” the motion said.
McBurney is likely to hear arguments on the issue at a pretrial conference scheduled for Wednesday.
In addition to the murder count, McIver faces three charges of influencing witnesses in the days after the fatal shooting. Two of these charges involve what McIver allegedly told or relayed to Dani Jo Carter, who was driving the Ford Expedition when McIver shot his wife. Another involves Bill Crane, who also was McIver’s spokesman after the shooting.