ATLANTA (AP) — Georgia's highest court on Thursday threw out a murder conviction for a once-prominent Atlanta attorney who fatally shot his wife as they rode in an SUV, saying the jury should have had the option of a misdemeanor involuntary manslaughter charge.
Claud “Tex” McIver, 79, was convicted of felony murder, aggravated assault, influencing a witness and possession of a firearm during the commission of a felony in the September 2016 killing of his wife 64-year-old Diane McIver. He was sentenced in 2018 to serve life in prison for felony murder, five years for influencing a witness and a suspended five-year sentence for the gun charge.
The Georgia Supreme Court 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.
“We conclude that the trial court erred in refusing McIver’s request to charge on the lesser grade of involuntary manslaughter, because the charge was authorized by law and some evidence supported the giving of the charge,” Presiding Justice Michael Boggs wrote in the unanimous opinion.
That means McIver is entitled to a new trial on the overturned charges.
“He was deprived of a fair trial because the jury was not given the opportunity to find that the shooting was entirely the result of negligence, as opposed to an intentional killing,” they said in an emailed statement. “He was entitled to a fair trial and did not get a fair trial. We look forward to...
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