Atlanta attorney Claud "Tex" McIver is facing criminal charges for intentionally killing his wife in their SUV on September 25 of 2016. The case was set to go to trial on October 30, but the judge recently ruled to push back the trial date because of last-minute evidence supplied by the prosecutors. The evidence contains more than 80,000 emails including attachments, making for an estimated 130,000 documents. As important as these documents may be, some suggest the state initiated this last-minute move to avoid going to trial.
When the case began, McIver was charged with the murder of his wife. McIver claims he shot his wife accidentally after falling asleep in the car with his gun on his lap. His wife, Diane McIver, was shot in the back while in the couple's vehicle and died hours later after receiving care at the Emory University hospital.
While McIver has been awaiting trial he has been held in Fulton County Jail after his bond was revoked in April. The conditions of his bond included a bar from the possession of any firearms, however, he was brought to jail when a gun was found in his sock drawer. During his time in the jail, McIver has lost roughly 30 pounds and has developed a severe skin rash. However, in light of the court extension, he will be held under house arrest until the trial date.
The new trial date was set for March 5 by the Fulton County Superior Court Judge Robert McBurney. One of our own attorneys, Ashleigh Merchant, gave per perspective on the case, commenting on the advantage the state is now benefitting from. "They have so much more time to go through and dig for evidence," Attorney Ashleigh Merchant says, "And there's also the stress on the defendant awaiting trial." There is also speculation that the state is postponing the trial because there is insufficient evidence to prove McIver's guilt.
Attorney Merchant explains that the issue with this trial stems from Fulton's issue with indicting too quickly. "They indict cases so quickly, then do the investigation. If you are going to indict a case, you've got to be ready for trial" commented Attorney Ashleigh Merchant. In light of Attorney Merchant's opinion that the state is still looking for a motive, McIver's head attorney, William Hill, his not commented on whether or not the late document drop was intentional or strategic.
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