Defense: Gun found in Tex McIver's home was planted

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ATLANTA — A prominent Atlanta attorney accused in the death of his wife suggests that a well-known businessman actually planted a gun in his condo -- violating the terms of his bond.

Channel 2’s Richard Elliot was in the courtroom Tuesday afternoon when the revelation came to light.

James Hugh testified that he not only worked for Tex and Diane McIver, he also worked for Diane's employer, Billy Corey of Corey Industries.

Friends say Corey considered Diane McIver like a daughter and he kept her photo up on his downtown smokestack sign for months after her death.

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Tex McIver admitted he shot his wife in the back while riding in their SUV but called it a terrible accident.

After prosecutors charged him with felony involuntary manslaughter, he got out on bond.

But when investigators searched his home two weeks ago, they say they found a gun hidden in McIver’s sock drawer.

He denies putting it there, and now his attorneys speculate that Corey, who they say was angry with McIver, arranged to put that weapon in the condo.

The judge asked Corey that question directly.

“Did you instruct anyone else to put a gun in Mr. McIver’s condo?” the judge asked Corey.

“No, no. I've never instructed anyone to put that gun in that,” Corey said.

Defense attorneys also showed that Hugh had full access to McIvers’ Buckhead condo and tried to suggest that Hugh, working at the behest of Corey, planted that weapon, which was something Hugh absolutely denied.

“Did Corey ever ask you to put a gun in the sock drawer?” one of McIver’s attorneys asked Hugh.

“No,” Hugh answered.

Elliot said Tuesday's court hearing was supposed to be a simple bond revocation hearing but it will now enter its third day on Wednesday.