Judge sets bond for attorney facing charges in wife's shooting death


:  Prominent Atlanta attorney Claud "Tex" McIver, who is accused of shooting his wife near Piedmont Park,



Prominent Atlanta attorney Claud "Tex" McIver, who is accused of

near Piedmont Park, made his first court appearance early Thursday afternoon.

A judge set bond for McIver at $200,000. The judge also ordered him to surrender his passport and wear an ankle monitor.

McIver turned himself into the Fulton County jail Wednesday night, according to Atlanta police.

McIver's attorney asked the judge for a bond of $100,000. The state argued for a $1 million bond, suggesting that McIver is a flight risk.

The judge said Thursday McIver cannot have any weapons and cannot speak to the driver of the SUV or anyone who works for his late wife's employer.

Atlanta police issued warrants for involuntary manslaughter and reckless conduct Wednesday morning.

McIver was given until 8 p.m. to turn himself in. He avoided being seen as he entered the jail and was booked by 8:19 p.m.

His wife, Diane McIver, 63, was a prominent businesswoman and president of U.S. Enterprises Inc., the parent company of Corey Airport Services.

Atlanta police have been investigating the case since September, when McIver's husband claimed that he fell asleep with a gun on his lap while riding in the back seat of a car and accidentally shot his wife through the seat. She died at Emory Hospital.

"He's done nothing but be heartbroken since this happened," McIver's attorney, Cal Leipold said.

The couple’s SUV was driven by Diane McIver’s best friend, Dani Jo Carter, who told Channel 2 Action News reporter Jodie Fleischer that they were stopped at a red light near Piedmont Park in Midtown when she heard the gun suddenly go off. She said she was looking at the road and did not see what happened.


Tex McIver told police that the group got off the highway in bumper-to-bumper traffic and the neighborhood through which they were driving made him nervous, so he asked his wife to hand him his gun from the center console of the SUV.

According to the Atlanta police warrant, “The accused did cause the death of Landa Diane McIver by handling a gun in a careless and reckless manner, where the accused pulled the trigger of the gun, causing said gun to fire and strike Landa Diane McIver, which resulted in her death."

Carter told police she believes the shooting was an accident. Her attorney said Carter was not surprised by the charges against Tex McIver.

“She still believes this was an accident. She cannot get her head wrapped around the idea of anything other than that. Tex and Diane were both her friends for a very long time,” Lee Davis said. “She knew something was probably coming. She's not terribly surprised by the charges, and she trusts the police to get it right.”