Fulton County DA Wants To Retry Tex McIver In Death Of Wife: Report

GEORGIA — Although the Georgia Supreme Court overturned the murder conviction last month of the high-profile former Atlanta lawyer, Claud "Tex" McIver, who had been convicted of his wife's murder, he could possibly go to trial again.

Fulton County District Attorney Fani Willis submitted a motion Friday to retry McIver, WSB-TV reported. The DA’s office has requested the court to “set the retrial of this case within one hundred eighty (180) days," according to a new court filing obtained by WSB-TV.

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 McIvers were driving home from a party with a friend in 2016 when Claud was accused of shooting his wife from the back seat of their vehicle. She died at the hospital from her injuries.

Last month, Justice Michael Boggs, writing for the court, said the involuntary manslaughter charge "was authorized by law and some evidence supported the giving of the charge."

McIver told police the incident was a mistake and that he fell asleep while holding the gun, according to the court documents. Prosecutors argued that McIver had a financial motive to kill his wife.

The Supreme Court reversed Tex McIver's convictions because the trial court "erred in denying his request to charge the jury on a lesser involuntary manslaughter offense."