Attorney who killed wife poses 'significant risk,' judge says

ATLANTA — A judge denied bond Tuesday morning for prominent Atlanta attorney Tex McIver.

McIver is facing malice murder and several other charges for the shooting death of his wife, Diane, in September 2016.

In early May, McIver's attorneys filed a motion for bond. Last week, McIver appeared in court and both sides made their arguments on the motion.

Tuesday morning, Judge Robert McBurney filed an order denying bail.

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The order says that a defendant charged with felonies is not entitled to bail as a matter of right, but a court may grant bail if it finds that the defendant (A) poses no significant risk of fleeing, (B) poses no significant threat or danger to any person, to the community or to any property, (C) poses no significant risk of committing any felony pending trial and (D) poses no risk of intimidating witnesses or obstructing justice.

The order said although McIver is not a significant flight risk, "it cannot make that same finding as to the remaining three risk factors."

"The Court finds the risk of harm to self and others to be significant ... The State has also provided sufficient evidence to persuade the Court that (McIver) poses a significant risk of obstructing the administration of justice," the order said.

The judge said McIver has repeatedly made statements to potential witnesses or those in a position to influence witnesses with "an intent to improperly shape, shift or suppress their testimony."

The trial is set to begin in October.

McIver and his attorney maintain that the shooting was accidental.

"The indictment of Tex McIver is baseless and a blatant attempt to turn an accident into a homicide without a shred of evidence. We will fight vigorously to prove Mr. McIver’s innocence in a court of law," attorney Steve Maples said.

Cox Media Group