ATLANTA – On day two of jury selection in the high-profile murder trial of a prominent Atlanta attorney, potential jurors questioned whether or not a gun could accidentally go off.
Claud “Tex” McIver is accused of intentionally killing his wife, Diane McIver, in September 2016. Diane died after being shot in the back with a handgun. Tex is charged with malice murder and six other counts, including three counts of efforts to unlawfully influence witnesses in the case.
One potential juror and a gun owner was quoted in court saying, “I don’t buy it” when asked about a gun accidentally going off.
The defense argued McIver’s gun, that was in his lap, had accidentally gone off while he was in the back seat of an SUV. The bullet then went through the front passenger seat hitting his wife, Diane McIver, in the back later killing her.
Potential jurors on Tuesday said they don’t believe it.
“I hate to say it but I think he’s guilty,” one potential juror said in court. “That’s the truth that’s in my heart, I think he’s guilty.”
Another said, "I don’t necessarily believe in accidental shootings. So unless somebody’s cleaning their gun at the time that it happens, I just don’t get the accident thing.”
A different potential juror, who was also later dismissed, said she grew up hunting and doesn't see how it could happen.
"It would be difficult for me to believe it was an accident … I grew up around hunting with my family, and it was not that easy to shoot a gun, to me. You have to think about it, you have to pull the trigger. I just find it very difficult to believe it was an accident.”
The court dismissed juror after juror who said they don’t believe a gun could accidentally go off.
The judge questioned on whether or not the court will be able to find a jury in Fulton County. The court is on the second panel of 48 jurors and 27 of them stated there was no way they could be impartial.
“We are showing early stages of a very problematic situation,” Fulton County Superior Court Judge Robert McBurney said.
They have not filed a motion to move the trial, though legal experts told 11Alive if the trial were to be moved, it would likely be to Albany, Columbus or Savannah.
That ended up being the situation for metro Atlanta's last high-profile case, the Ross Harris hot-car death trial. That case had to be tried in Brunswick, Georgia, after prosecutors had trouble finding an impartial jury in Cobb County.
BACKGROUND |
On Sept. 25, 2016, McIver's wife Diane died after being shot while riding in an SUV near Piedmont Park. Her husband said he was dozing in the backseat of the vehicle when his revolver fired. He has always maintained the shooting was "a terrible accident."
McIver had initially been charged with misdemeanor reckless conduct and felony involuntary manslaughter.
That September, he was released on $200,000 bond, with conditions that included the wearing of an ankle monitor, surrendering his passport and having no contact with anyone employed with Diane's business. At the time, he was also told he was not allowed to carry any weapons. That bond was revoked, however, after a gun was found inside his Buckhead condominium. Prosecutors said they also believed Tex was hiding a secret will that his wife drafted prior to her death.
The following April 2017, a Fulton County grand jury returned an indictment upping McIver's charges to malice murder, felony murder, aggravated assault with a deadly weapon, possession of a firearm during the commission of a felony and three counts of influencing a witness.
According to the indictment, Tex McIver is accused of instructing the woman driving the SUV at the time of the shooting, Dani Jo Carter, to tell authorities that she was not present when Diane was shot.
The indictment also states that McIver told Charles William Crane to retract a statement that Crane made to news media after the shooting.
MORE MCIVER COVERAGE |
- Jury selection begins Monday in long-awaited, high-profile Tex McIver murder trial
- Tex McIver murder trial could call 90+ witnesses
- Tex McIver finally posts bond, is released
- High-powered Atlanta attorney Tex McIver indicted
- Tex McIver wants out of jail to visit sick mother
- Tex McIver remains in jail after bond granted
- Tex McIver arraigned on murder charge
- Polygraph reveals new details in McIver shooting
