FULTON COUNTY, Ga. — After nearly three weeks in the Tex McIver murder trial, the prosecution is getting close to the end of its witness list.
During court Friday, Atlanta Police Det. Darrin Smith took the stand. Smith was one of the officers who interviewed Tex McIver after the shooting.
McIver is accused of intentionally killing his wife, Diane, with a loaded handgun while riding in the backseat of his SUV on Sept. 25, 2016. She died after being Tex said the gun fired on its own, shooting Diane through the front passenger's seat of an SUV. He claims that the shooting was "a horrible accident."
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During court proceedings Friday, prosecutors questioned Smith about what investigators asked McIver during that interview, including whether or not Tex McIver thought a group of homeless people near an interstate overpass was a Black Lives Matter protest, which is what McIver initially said was the reason he asked for his gun in the first place.
"On September 28, did Tex McIver ever tell you that this large number of homeless people brought to mind for him a Black Lives Matter protest," prosecutors asked.
"No he did not," Smith answered.
"Did he mention that term to you anywhere," prosecutors followed up.
"No," Smith replied.
During further questioning, prosecutors accused Smith of failing to ask key questions when he interviewed McIver, including how much McIver had to drink the night before the shooting.
Smith also testified that he never asked McIver whether the gun was cocked when he fired it. However, the detective said it made no difference because the trigger was pulled.
Trial will take next week off for Spring Break, then resume April 9.
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