ATLANTA — Tex McIver, the prominent Atlanta attorney once convicted of murder in his wife's 2016 death before that conviction was reversed in 2022, pleaded guilty Friday to lesser charges in the case ahead of its retrial.
11Alive's LaTasha Givens reports from court that at least part of the guilty plea includes charges of involuntary manslaughter, down from felony murder, and reckless conduct, down from aggravated assault. 11Alive is working to learn the full details of the plea.
In court, McIver was sentenced to eight years in prison, though he is to receive credit for time served in relation to this case. That currently makes it unclear exactly how much longer he might have to remain in prison.
The sentence includes an additional seven years of probation to follow. The conditions of the probation include home confinement for the first five years with a curfew where he cannot be outside his home from 7 p.m. to 7 a.m.
McIver will also be required to wear an ankle monitor once he's released from prison.
McIver had been awaiting a new trial on the murder charges after the conviction was overturned by the Georgia Supreme Court because the jury from the original trial was not properly instructed to consider a lesser charge of involuntary manslaughter.
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McIver was first found guilty in 2018 of intentionally killing his wife, Diane, on Sept. 25, 2016. Diane died after being shot in the back with a handgun while in the passenger's seat of an SUV. Evidence during the trial showed McIver was riding behind her and had a loaded revolver in his lap.
The state argued that McIver had a financial motive for shooting and killing his wife. Defense attorneys for McIver denied that motive, saying the allegations were nothing more than a tragic accident.
His attorneys appealed his felony murder conviction to the state Supreme Court arguing the the jury was improperly instructed. The high court agreed, sending the trial back to square one.
During the 2018 trial, McIver was also found guilty of influencing a witness stemming from an exchange he had with a family friend. That conviction remained in place even after the Supreme Court decision.
The retrial was due to begin in December before a judicial order by Judge Robert C.I. McBurney delayed things.
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