Judge Rules Tex McIver Can't Have Vehicle Back: UPDATED

ATLANTA, GA -- Tex McIver, the prominent Buckhead attorney charged in the shooting death of his wife, cannot have the vehicle in which the shooting took place, a Fulton County judge ruled Tuesday morning.

McIver went to court to request the return of the vehicle, filing in a motion last week that the Atlanta police no longer had "factual or legal need to retain possession of the automobile,” according to news reports.

The judge declined McIver's request on the basis that there could be some secret evidence pertaining to the vehicle, a 2013 white Ford Expedition. The motion was filed by the Fulton County District Attorney's Office.

McIver is charged with killing his wife, 63-year-old Diane McIver. The businesswoman died from a gunshot wound in September after her husband claimed that he accidentally shot her when he dozed off with a gun in his lap in their SUV. The couple were being driven by a family friend when the shooting occurred in Midtown.

Tex McIver is charged with felony involuntary manslaughter and misdemeanor reckless conduct.

Read more: Tex McIver freed of ankle monitors

Tex McIver has reportedly requested to step down from the State Board of Elections, citing the shooting as a disqualifying reason.

“As all of you must know my beloved wife and life partner, Diane, was lost in a sudden and tragic accident in September," he wrote in the resignation letter, according to WXIA-TV. "Her loss has been a source of unspeakable grief and continues every day. The burden of her loss and related activities has occupied my entire energy and focus all of which used to be devoted to being Diane’s partner and fulfilling my professional and civic responsibilities."

McIver's attorney argued that the SUV was needed so that the monthly $500 payments -- which were needed for his legal defense -- could be stopped, WXIA reports.

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