Judge denies bond for Tex McIver after murder conviction overturned

ATLANTA — A man convicted of killing his wife will not be able to get out of jail while awaiting a new trial.

The Georgia Supreme Court overturned Tex McIver’s 2018 conviction. His new court case is scheduled for next month.

Friends and former co-workers of Diane McIver, his deceased wife, spoke in court Friday about why he shouldn’t get out — and so did the woman who was inside the car when McIver allegedly shot his wife.

[DOWNLOAD: Free WSB-TV News app for alerts as news breaks]

“I am fearful of his release. I know he blames me and Billy Corey for his incarceration,” said Diane McIver’s friend, Dani Jo Carter.

Carter was driving the car in 2016 when prosecutors say Tex McIver -- sitting in the back seat of a car -- shot and killed his wife.

McIver appeared in court Friday in leg-and-hand shackles for a bond hearing. The state Supreme Court ruled he gets a new trial because jurors didn’t get proper instructions.

RELATED STORIES:

• Georgia Supreme Court overturns Tex McIver’s murder conviction in shooting death of his wife
• Tex McIver wants murder conviction tossed, submits appeal to Georgia Supreme Court
• Tex McIver found guilty of murdering his wife
• Tex McIver cries as he watches video of wife at hospital: “I’m dying, aren’t I?”

Carter told the court Friday during his bond hearing that she feared McIver would try to reach out to her as she says he did during his first trial.

“Tex McIver did have contact with me, coming into my salon and getting his haircut, sending me notes by Messenger. I didn’t report this because I wasn’t sure it wasn’t an accident,” Carter said.

But McIver’s defense said he’s innocent of the charges and he wouldn’t reach out to anyone this time. He would stay with his sister who lives in Dallas, Texas, and would wear an ankle monitor.

[SIGN UP: WSB-TV Daily Headlines Newsletter]

But the judge didn’t buy it.

“Most of all I am concerned about your willingness to return to court for your trial,” Superior Court Judge Robert McBurney said.

McIver’s attorneys did not want to speak after court.

RELATED NEWS:

New filing suggests Fulton County will retry Tex McIver in shooting of his wife

©2022 Cox Media Group