Prominent Buckhead attorney Claud “Tex” McIver will have to remain in jail for at least another day after a second Fulton County judge has recused himself from hearing a motion for bond.
A grand jury indicted McIver on charges including malice murder and influencing witnesses in the 2015 death of his wife, Diane McIver, Fulton County District Attorney Paul Howard said in an emailed statement last Thursday.
McIver said he was riding in a rear seat of an SUV on September 25, 2015, when a gun he was holding discharged accidentally and the bullet hit his wife, who was sitting in the front passenger seat. She later died at a hospital.
Court officials had assigned the case to Judge Tom Campbell and McIver’s defense was preparing to make a request for bond, but Campbell took himself out of the matter. Now, court authorities must look for a third judge who can consider bond for McIver.
Last week, McIver spoke with FOX 5 from inside his Fulton County jail cell and proclaimed his innocence, once again.
McIver insists state prosecutors have turned the accidental shooting of his wife into a murder charge without the evidence to support it.
“We gave them a list of witnesses to talk to. They’ve been progressively presenting them to a district attorney. Almost every one of them came back to us and said, ‘After my testimony, I was being escorted out of the office. I was being told we’re going to indict him for murder,'” he said.
McIver claims the circumstances surrounding the shooting is among the missing facts.