Atlanta

Atlanta attorney reindicted on murder charges

ATLANTA — An Atlanta attorney pleaded not guilty to murder charges again Friday.

Because of some misspellings in the original indictment, the district attorney’s office says it reindicted Tex McIver, in the murder of his wife, corporate executive Diane McIver.

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“You did unlawfully, during the commission of a felony, that felony being aggravated assault with a deadly weapon, cause the death of Linda Diane McIver,” said Fulton County Judge Robert McBurney.

McIver admitted to shooting his wife, Diane, in the back while they rode inside their SUV in September 2016, but he said it was all a terrible accident. He’s also accused of trying to influence a witness to keep her mouth shut about what she knows.

At first, McIver was released on bond, but after DA investigators discovered a pistol in his condo, a judge revoked that bond, sending him back to jail.

An autopsy in the Diane McIver shooting investigation confirms reports that she died of a gunshot wound to the back.

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McIver’s attorneys questioned the chief investigator about that search warrant, insinuating that she left key information out of her affidavit for the judge.

They want to see the gun and other evidence found in the condo thrown out.

Deputies would not allow McIver to sit in court without his shackles and you could hear them clank as he answered the judge’s question.

Because it was a new indictment, the judge asked McIver how he pleaded to the charges.

“My earlier plea stands,” McIver said.

“Not guilty?” McBurney asked.

“Correct,” McIver said.

McIver’s attorneys filed an emergency order trying to get McIver out of jail to see his mother in Texas, said to be suffering from end stage COPD.

The judge said he will look that motion over.