ATLANTA - The local attorney who killed his wife will learn his fate Wednesday after a jury convicted him last month of four charges including felony murder.
On the eve of Tex McIver's sentencing, Channel 2's investigative reporter Mark Winne spoke with both legal teams in the case and learned what the prosecution will request.
Nearly 80 witnesses testified over the 19 days of the murder trial, with McIver choosing not to take the stand in his own defense. Prosecutors argued that McIver killed his wife, Diane, in September 2016 for financial reasons. The victim was president of U.S. Enterprises Inc. when she died.
The Atlanta attorney was ultimately found guilty of murdering Diane McIver nearly two years later.
Prosecutor Clint Rucker told Channel 2 Action News that late Tuesday afternoon, the Fulton County D.A.’s Office decided to ask the judge to add 10 years to McIver’s sentence for a firearm charge and a witness influencing charge in addition to the sentence for felony murder, but they are not seeking the maximum. The recommended sentence for felony murder is life with the possibility of parole.
“We will ask the judge to impose a sentence that is commensurate with what Mr. McIver did in this case, and that is the intentional killing of his wife,” Rucker said.
“In my head, I am looking at the circumstances of all the cases that come before here in the D.A.’s office,” said Fulton County District Attorney Paul Howard. “This appeared to be a case where the most appropriate sentence would be one with life with parole.”
“He’s not statutorily eligible for parole for at least 30 years,” said defense lawyer, Bruce Harvey. "Tex McIver is now 74, 75 years old. He doesn't have a 30-year life span. Without any relief on appeal, this is the end of his life."
Most of the McIver murder case prosecuting attorneys spoke with Channel 2 Action News.
"Did you think you think it was an uphill battle?" asked Channel 2's Mark Winne.
"Yes, I did think so," answered Seleta Griffin, with Fulton County D.A.'s Office.
McIver's defense team said they are not letting up.
"It's not over, Tex McIver continues to maintain his innocence," Harvey said.
Harvey indicated Judge Robert McBurne, under the law, has to sentence McIver to either life with the possibility of parole or life without parole for his felony murder conviction.
"I think it's [gonna] be an emotional event for everybody, but what's going to happen is pretty much written in stone," Harvey said.
"We worked long hours. We put a lot of our heart and soul in to this case," said Cynthia Nwokocha, the D.A.'s chief investigator.
"It doesn't matter where you come from, who you are, or how much money you have. If you commit a crime, you should be held accountable for what you did," said Siri Yellamraju, with Fulton County D.A.'s Office.
Bruce Harvey told Channel 2 Action News there will be a motion for a new trial.
© 2019 Cox Media Group.