Original story: 9/30/16
Atlanta attorney Claud “Tex” McIver was riding with his wife in their SUV on Sunday when the car hit a bump in the road and the gun he was holding accidentally fired. The bullet hit his wife in her back, killing her. There was a third person in the car who was driving the couple. The third person has not been identified. She or he is being interviewed by the police.
Tex McIver stated he and Diane, his wife, were in fear of being carjacked by Black Lives Matters (BLM) protesters in Midtown Atlanta. He pulled his gun from a bag and held on to it while they drove through Midtown. They left the area unharmed. Tex stated he dozed off when they hit the bump and the gun fired. The bullet went through the seat and struck her in the back as she sat in the front passenger seat.
At that time, Tex ordered the driver to go to a hospital six miles away instead of the hospital that was approximately a mile away. The medical examiner stated she died of a gunshot wound to the back.
Tex McIver is an Atlanta attorney. Diane McIver was the CEO of Corey Airport Services. The police remain tight-lipped while they conduct their investigations. Source: AJC: Atlanta attorney says gun in his lap went off, striking his wife
Update: 10/06/16: McIver’s lawyer says shooting was a ‘horrible accident’
Claude “Tex” McIver passed a polygraph test and said the shooting was a ‘horrible accident’. He passed the four-hour test test with 99% accuracy. Source: 11Alive: Tex McIver: Wife’s shooting was ‘horrible accident’
Update: 10/18/16: McIver involved in previous shooting
25 years ago, Tex McIver was charged with firing a gun at a car containing three teens in DeKalb County. The grand jury indicted McIver but prosecutors did not pursue the case after the parties settled it privately. No one was injured in the incident. However, afterward, McIver was charged with three counts of aggravated assault, possession of a firearm in connection with a crime, and criminal damage to property. Source: AJC: Strange twist in McIver shooting case
Update: 10/19/16: Autopsy released
The Fulton County Medical Examiner listed Diane McIver’s cause of death as a homicide which indicates that one person killed another. It does not speak to the legality of the action. Tex McIver contends that he accidentally shot his wife. The autopsy shows that the bullet entered at the left middle back. It damaged her diaphragm, adrenal gland, left kidney, pancreas and stomach. The path of the bullet was right to left and back to front and downward. It exited at the left upper quadrant of the abdomen. Dr. Henninger, who performed the autopsy, stated that he believes the shot that passed through Mrs. McIver was generally level and he cannot definitively say from the autopsy results whether or not the bullet traveled through the passenger seat. Source: AJC: Autopsy in McIver shooting released
Update: 10/22/16: Polygraph results
Tex McIver took a polygraph test at the request of his attorney. The test focused on three areas: 1) “Did you intentionally fire the gun that night?” 2) “Did you consciously do anything with the gun that night that caused it to fire?” 3)”Did you knowingly cause the gun to discharge inside your SUV?” The answer to all three questions were no. The results showed that he told the truth in the death of his wife. He did not act willfully or recklessly in causing the death of his wife. Although polygraphs are not admissible in court, the results may help his case. Source: 11 Alive: Polygraph reveals new details in McIver shooting