ATLANTA — Fulton County District Attorney Fani Willis has submitted a motion to retry well-known Atlanta attorney Tex McIver in the shooting death of his wife.
McIver was convicted of felony murder and possession of a firearm during the commission of a felony in the shooting death of his wife, Diane McIver in 2018.
The couple were on their way home from a party with a friend in 2016 when McIver allegedly shot his wife through the back seat of their SUV. She was rushed to a hospital, where she died.
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Last month, the Georgia Supreme Court reversed McIver’s convictions because they say the trial court “erred in denying his request to charge the jury on a lesser involuntary manslaughter offense.”
The court said the jury should have been told that they could consider a lesser charge like manslaughter. The court did uphold McIver’s conviction for influencing a witness.
McIver said during the trial that his wife’s death was an accident, and that he had fallen asleep when the gun he was holding for protection went off. McIver was tried and sentenced to serve life in prison for felony murder, five concurrent years for influencing a witness and five concurrent years suspended for the gun crime.
In a new court filing Friday, the DA’s office asked the court to “set the retrial of this case within one hundred eighty (180) days.”
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