FULTON COUNTY, Ga. — Claud Lee "Tex" McIver III will soon head to trial again - and will stay behind bars until he's due in the courtroom, a judge determined Thursday.
A judge denied his latest request for bond, refusing his request for last-minute release, citing his previous felony conviction "for improperly seeking to influence a key witness in his case," court documents read. The judge's order ultimately determined that McIver is not a good candidate for bond.
"The temptation to abandon this replay of the drama of his wife's shooting death is simply too great," the order read.
McIver's new murder trial is set for early December. This will be the second time he stands trial in his wife's 2018 death as the Georgia Supreme Court reversed his murder conviction in June 2022.
A jury first convicted McIver, a well-known Buckhead attorney at the time, on felony murder, aggravated assault, and possession of a firearm during the commission of a felony in 2018 in the death of his wife. During the trial, he was also found guilty of influencing a witness stemming from an exchange he had with a family friend.
McIver was ultimately found guilty 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 on the grounds that the jury was not properly instructed to consider a lesser charge of involuntary manslaughter. The high court agreed, sending the trial back to square one. However, his other convictions remain.
McIver's attorneys argued that he should be released on bond to prepare for trial and partly so he can address his medical needs.
In his order, the judge acknowledged McIver's health concerns, saying the court will direct the county's medical providers to "attend to any documented medical needs of the Defendant."