Credit: Fulton County Sheriff's Office
Credit: Fulton County Sheriff's Office
Atlanta lawyer Claud "Tex" McIver, who turned himself in at the Fulton County jail Wednesday night to face charges in the death of his wife, Diane, is expected to have his first appearance in court this morning.
Atlanta police have charged McIver with involuntary manslaughter, a felony, and reckless conduct, a misdemeanor, for shooting his wife in the back as the two rode in their SUV near Piedmont Park late on the night of Sept. 25. Diane McIver died at Emory Hospital later that night.
McIver, who turns 74 today, has always insisted the shooting was a terrible accident.
His attorney has said McIver was riding in the back seat of the vehicle when he inadvertently pulled the trigger on his .38-caliber revolver, firing through the front passenger seat and striking his wife in the back.
“This has completely destroyed his life,” John “Spike” McIver, Tex’s brother, told The Atlanta Journal-Constitution on Wednesday. “This was his life mate. They were inseparable. This was a horrible accident.”
Under Georgia criminal law, someone arrested on a warrant must be taken before a judge within 72 hours of his arrest. (In warrantless arrests, the time frame is 48 hours.) In that first appearance hearing, the judge typically reads the charges against the defendant, advises him of his right to remain silent, and either sets bond or schedules a bond hearing.
That proceeding is expected to take place at the court at the Fulton County jail at 11 a.m.
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