Prosecutors attempt to revoke Tex McIver's bond

by: Mark Winne Updated:

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ATLANTA - A prominent Atlanta attorney charged in the shooting death of his wife had a hearing on Friday.

There is a motion by the district attorney’s office to revoke McIver’s bond based on an allegation that a gun was found in his condo in violation of the conditions of his bond.

A Fulton County district attorney investigator showed the court the gun he said he discovered while serving a search warrant at McIver's Buckhead condo last week. He said they found it hidden inside a box in McIver's sock drawer in a closet. 

"The state is asking the court to revoke the bond of Mr. McIver for a couple of reasons. No. 1, he has demonstrated an intentional disregard for the court's order," prosecutor Clint Rucker said.

McIver's attorney told Channel 2's Mark Winne that McIver has gone to extraordinary lengths to comply with all conditions of his bond.

McIver maintains he has committed no crime, and that the shooting death of his wife was a tragic accident for which he is suffering greatly, his attorney said.

Diane McIver was shot through the seat of the couple's SUV as they were driven by a friend near Piedmont Park in September 2016. She later died at the hospital.

McIver was charged with misdemeanor reckless conduct and felony involuntary manslaughter in connection with his wife's death. 

Atlanta police spent nearly three months investigating the claim that the 38-caliber revolver on Tex McIver's lap accidentally fired, killing his wife.

The hearing has been continued. 

McIver is currently out on $200,000 bond, but if it is revoked he will be taken directly to the Fulton County jail.