Gun experts explain that McIver may have accidentally shot his wife
On Thursday, the Georgia Supreme Court found a jury involuntary manslaughter.
Claud "Tex" McIver, 79,Convicted of felony murder,assault worsened, with witnesses during felony delegation His wife, 64-year-old Diane McIver, was killed in September 2016, which affected her possession of firearms. He was sentenced to life imprisonment for felony murder in 2018, five years in prison for affecting witnesses, and five years in prison for gun charges.
The Georgia Supreme Court overturned his conviction for felony murder and possession of firearms during the delegation of a felony, but confirmed his conviction that it affected witnesses.
"Since the allegations of unintentional manslaughter were approved by law and some evidence, the court of court decided that McIver was guilty of unintentional manslaughter. I conclude that I made a mistake by refusing the charges. I supported the prosecution. "
This means that McIver is entitled to a new trial for the overturned claim.
McIver lawyers Don Samuel and Amanda Clark Palmer said they were "happy" with the ruling.
"He was not given a fair trial because the jury was not given the opportunity to determine that it was the result of total negligence, not intentional killing." They said in an email. "He was entitled to a fair trial and did not have a fair trial. I look forward to showing the next jury that he is not guilty of murder."
McIver has about two months left to serve on suspicion of witness tampering, but the state's provisional release committee may decide to release him sooner, Clark Palmer wrote in an email. increase. She said they would file a motion for public debt and demand that he be released soon.
Fulton County District Attorney Fani Willis "evaluates the case and decides how to proceed in the near future," spokesperson Jeff Disantis said in an email. McIver was indicted and brought to justice under Willis' predecessor.
During his trial in the spring of 2018, no one argued that McIver shot his wife. The question to the jury was whether they believed he was going to do it. The prosecution claimed that he had killed his wife because he longed for her money. The defense lawyer argued that McIver loved her wife so much that her death was a tragic accident.
A jury trial in his trial acquitted McIver for a malicious murder, but he was found guilty of a felony murder. A felony murder means that the murder occurs during the mission of another felony murderer. In this case, the assault by deadly weapons is exacerbated. This means that the jury found that he intentionally shot his wife, which led to her death.
McIvers was wealthy and connected. He is a partner in a prominent labor and employment law office and a member of the State Election Commission. She is the president of U.S. Enterprises Inc., the parent company of Corey Airport Services, and has worked for 43 years.
Diane Mackayber's best friend, Dani Joe Carter, was driving the couple's Ford Expedition on the night of September 25, 2016. The three are about 75 miles (120 kilometers) east of Atlanta on a horse farm in Makai Bar from the weekend. Diane Mackayber was in the passenger seat and Tex Mackayber was in the backseat behind his wife.
Due to heavy interstate highway traffic, Carter left downtown Atlanta. McIver said, "Girl, I wish you hadn't done this. This is a really bad area," and asked his wife to take the gun out of the center console and give it to him. After a while, McIver shot a gun once and hit his wife from behind. Carter drove to the hospital where Diane McCaiber died.
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