Prosecutors said Friday that they plan to retry a well-connected Atlanta man whose murder conviction in the shooting death of his business executive wife was recently overturned.
Claud "Tex" McIver, 79, was convicted in 2018 on charges of felony murder, aggravated assault, influencing a witness and possession of a firearm during the commission of a felony in the September 2016 death of 64-year-old Diane McIver. The Georgia Supreme Court last month reversed his convictions for felony murder and possession of a firearm during the commission of a felony but affirmed his conviction for influencing a witness.
The Fulton County District Attorney's office said in a court filing Friday that it plans to retry McIver on charges of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony. The motion asks that a trial be set within 180 days of when the trial court receives the Supreme Court's order, which is expected to happen soon.
Attorneys for McIver did not immediately respond to an email seeking comment Friday. When his conviction was overturned, attorneys Don Samuel and Amanda Clark Palmer said their client had not received a fair trial and that they "look forward to showing the next jury that he is not guilty of murder."
In overturning McIver's convictions on murder and other charges, the high court said the jury should have had the option to convict him on a misdemeanor involuntary manslaughter charge.
In its motion...
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