A reversal by the Supreme Court of Georgia evidently does not mean freedom for Claud “Tex” McIver.
After a Nov. 8 hearing in Fulton County Superior Court with McIver’s attorneys requesting bond for their client, Judge Robert C.I. McBurney ruled McIver must remain in custody until and during the retrial.
According to an Atlanta Journal-Constitution (AJC) report, McIver’s new trial will start on Dec. 4.
McIver is accused of fatally shooting his wife, Diane, in 2016 while they were traveling from their Putnam County home to their Buckhead condominium. In April 2018, a Fulton County jury convicted McIver of malice murder, aggravated assault, firearm possession, and influencing a witness.
In June 2022, the Supreme Court of Georgia reversed that conviction, saying the trial court erred in not offering jurors “the lesser grade of involuntary manslaughter.” McIver was released to Fulton County authorities that September, with District Attorney Fani Willis saying she would try him again.
Tex and Diane McIver had a farm, known as the “McIver Ranch” on Pea Ridge Road in Putnam County, and Diane also owned a condominium in the Buckhead area of Atlanta. They frequented the Putnam ranch and were active in the community, hosting events at the ranch and were regulars on one of Lake Oconee’s golf courses. T
ex McIver, an attorney, also held a seat on the Putnam County Development Authority.
The fatal shooting happened on the evening of Sept. 25, 2016, as the McIvers were traveling from their Putnam home to their Buckhead condo after a day on the golf course.
Tex McIver was indicted in April 2017, and reindicted in August 2017 for assorted murder charges. His jury trial began on March 5, 2018, and he was convicted the following April 23. On May 23, 2018, he was sentenced by McBurney to serve life in prison.
At the recent bond hearing, McIver’s attorney, Donald F. Samuel, said McIver had experienced “a significant deterioration in mental acuity,” and had problems remembering and communicating logically, according to the AJC report.
But McBurney said McIver’s age does not afford him special treatment, and even noted that he was “in the prime age range” to run for U.S. President.
Samuel assured Judge McBurney that McIver if released from jail, would comply with his bond conditions and would stay in an Atlanta apartment. The defense attorney even offered to hire an armed guard to stand outside the apartment and to remove all phone and internet connections from the apartment.
McBurney directed Fulton County’s medical providers to attend to McIver as needed.