An emergency motion filed in the case of Claud “Tex” McIver, charged in the September shooting death of his wife, not only seeks to remove him from her estate, but also alleges he was hiding an updated version of her will that could reveal a motive for the killing, according to Atlanta news reports.
McIver, 74, was charged in the death of 63-year-old Diane McIver, whom he said he accidentally shot in the back while the two were riding in a car together on Piedmont Avenue in Atlanta. She died in a hospital the next morning and, in December, McIver was charged with involuntary manslaughter and reckless conduct.
The most recent motion, filed in court Friday, “confirms the state believes Diane McIver’s death was no accident,” according to the Atlanta Journal-Constitution,
The pair divided their time between a home in Buckhead and their farm in Putnam County near Eatonton, authorities have said.
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Diane McIver was president of Corey Airport Services based in Atlanta, where she had worked for 43 years. Claud “Tex” McIver was a board member of the Putnam Development Authority and the Georgia College Foundation and a partner in the Atlanta office of Fisher & Phillips.
Stanley Smith, McIver’s probate attorney, told CBS46 news that he wrote Diane McIver’s will and thinks the state is only speculating.
"I think they're looking for a motive and they're kind of grasping at straws as far as I'm concerned,” Smith told the TV station. “I don't know, maybe they've got more evidence but they sure haven't shown anything.”
McIver was in court again Tuesday after an investigator with the Fulton County District Attorney’s Office found a pistol in a sock drawer at at his Buckhead apartment, a violation of his bond, the AJC reported. A judge was still determining whether McIver’s bond would be revoked Tuesday afternoon.
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