ATLANTA – The man who says he CBS affiliate WGCL.while the two rode in a car last month was indicted by a grand jury in 1990 for allegedly shooting into a car of teenagers, reports
According to the court documents obtained by the station, no one was injured in the 1990 incident and prosecutors declined to pursue the charges of aggravated assault, possession of a firearm in connection with a crime, and criminal damage to property against prominent Atlanta attorney Claud “Tex” McIver. The case was settled out of court and McIver paid restitution fees.
McIver’s attorney told the Atlanta Journal-Constitution that McIver acted in self-defense in the 1990 shooting and called the two cases “totally unrelated.”
Diane McIver, 63, was riding in the front seat of a friend’s car on the evening of September 25 when she was struck by a bullet coming from inside the car. Tex McIver has said he had the gun in his lap as he sat in the back seat and that he accidentally shot his wife though the car seat.
Local news media reports the Fulton County Medical Examiner said Wednesday the bullet entered through her left, middle back. The bullet damaged her diaphragm, adrenal gland, left kidney, pancreas and stomach. WGCL reports that the autopsy states the bullet “did not pass through any intermediate object” before striking Diane. The station also reports that no bullet has been recovered in the case.
According to WGCL, the medical examiner ruled Diane McIver’s death a homicide and police are investigating the case as such. Police are reportedly searching for Diane McIver’s cell phone.
The station reports that Tex McIver’s lawyer said McIver gave his wife’s phone to someone at Corey Airport Services, the Atlanta-based marketing company where she was the president, so they can copy pictures. They are reportedly working on getting it back to give to Atlanta police.
WGCL also reports that, after returning the vehicle to Tex McIver, Atlanta police have taken it back into custody to have the Georgia Bureau of Investigation inspect it as well. GBI, however, told the station that Atlanta police asked them to run tests to find out exactly where Tex McIver was sitting in the vehicle. GBI says it doesn’t have the technology to do so.
Diane McIver died in surgery at Emory University Hospital.