Judge denies motion to stop estate sale of Diane McIver's belongings

FULTON COUNTY, Ga. — A Fulton County Superior Court judge denied two emergency motions Friday, filed by Fulton County District Attorney Paul Howard, in connection with the shooting death of a high-profile business executive.

Claud “Tex” McIver is charged with involuntary manslaughter and reckless conduct for the September death of his wife, Diane.

Atlanta police say McIver shot his wife in the back while a friend was driving them in an SUV near Piedmont Park.

Tex McIver was in the back seat and his wife was in the front passenger seat.

McIver says the gun accidentally fired.

McIver is planning a second estate sale to auction off some of his wife’s belongings this weekend.

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• Sept. 29, 2016: Shooting of prominent businesswoman near Piedmont Park ruled homicide
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• Oct. 20, 2016: Autopsy shows Atlanta businesswoman died of gunshot wound to back
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• Dec. 3, 2016: Attorney sells off late wife's clothes as police probe shooting
• Dec. 22, 2016: Prominent Atlanta attorney accused of shooting wife turns himself in
• Dec. 23, 2016: Prominent Atlanta attorney accused of killing wife bonds out of jail

Friday, the District Attorney’s Office urged Superior Court Judge Constance Russell to halt the sale.

The office cited Georgia’s Slayer Law, which prevents someone who has caused the death of another person from receiving the proceeds of an estate, trust or life insurance policy.

"If a defendant is allowed access to the proceeds of either the benefits of the will and/or the benefits of the insurance policy, they can conceivably deplete all of those assets," argued Deputy Assistant District Attorney Linda Dunikoski.

An attorney for McIver argued the District Attorney’s Office does not have the right to stop the estate sale.

“As we look at this request to modify bond, they’re asking this court to impose horrendous conditions,” said attorney William Hill.

Judge Russell ruled that her court does not have the authority to make a decision in this case, so she denied the motions.

During the hearing, McIver’s attorney also brought up his current bond conditions, but the judge would not hear his arguments.

McIver’s attorneys plan to file a separate motion requesting that he no longer be required to wear an ankle monitor.

"The fact of the matter is, those provisions in the bond are unnecessarily onerous," said Hill.

Cox Media Group