A year and a half after the Georgia Supreme Court overturned his malice murder conviction in the shooting death of his wife, Claud “Tex” McIver pled guilty to involuntary manslaughter in Fulton County Superior Court last week.
The 81-year-old McIver told the court that his wife, Diane, died “as a result of my actions, plain and simple,” according to an article in The Atlanta Journal-Constitution.
“Diane is the best friend I ever had,” he is quoted saying. “She’s the best partner I could possibly imagine and I will always, always love her. … I’ve worn my wedding ring since the day we were married, and I intend to wear it until the day I die. I hope we’re at a point where we’re not judging each other, and we can all move on. She’s my angel, and she’s waiting for me in heaven.”
Accepting the plea deal, Fulton County Superior Court Judge Robert McBurney reportedly sentenced McIver to eight years in prison and seven years on probation, with credit for time served. McIver’s sentence ends in the middle of the year 2025, according to his attorneys, Donald F. Samuel and Amanda R. Clark Palmer, who said he could be paroled before then.
McIver and his wife, Diane, 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 their Putnam ranch and were active in the community, hosting events at the ranch as well as being regulars on a golf course at Reynolds Lake Oconee. McIver, an attorney at the time, also held a seat on the Putnam County Development Authority.
On the evening of Sept. 25, 2016, the McIvers were traveling from their Putnam home to their Buckhead condo, accompanied by a close friend of Diane’s.
As they traveled along an area where they felt unsafe, McIver was holding a handgun for protection. At some point on the road, the gun discharged and struck Diane in the back.
During his first trial, McIver said he had fallen asleep when the gun went off inadvertently. Diane McIver died later that evening during surgery at Emory University Hospital.
McIver was convicted by a Fulton County jury in April 2018 of malice murder, aggravated assault, firearm possession, and influencing a witness.
He was sentenced to life in prison.
McIver filed an appeal that the Fulton County trial court erred in refusing his request to charge the jury on the lesser grade of involuntary manslaughter, and the Georgia Supreme Court concurred.
McIver was transferred from Smith State Prison to the Fulton County jail to await his retrial. He was denied bond and remained in jail until his retrial.
Judge McBurney reportedly called the plea deal “a healthier and cleaner way” to resolve the case. He said a retrial could result in a not-guilty verdict.
The McIver Ranch was sold in an auction in August 2018 for $1 million for the house, stables, and 80+ acres of farmland.
Auctioned separately were hundreds of personal items once owned by the couple.