ATLANTA — The Georgia Supreme Court overturned a former lawyer’s conviction in the shooting death of his wife.
According to WSB-TV, Claud Lee “Tex” McIver III was convicted in 2018 of felony murder and possession of a firearm when his wife, Diane McIver was shot to death. The couple was heading back from an event with a friend in 2016 when McIver allegedly shot Diane through the back seat of their SUV. She was taken to a hospital where she later died from her injuries. Tex McIver is a former metro Atlanta lawyer, according to WSB-TV.
McIver during his trial claimed that Diane’s death was an accident and he had fallen asleep with the gun he had for protection accidentally went off. According to WSB-TV, McIver was sentenced to life in prison for felony murder plus five years for influencing a witness and an additional five years for gun crime.
The Georgia Supreme Court overturned Tex McIver’s conviction on Thursday. According to WSB-TV the reason was that the court said that the jury should have been told that they could consider a lesser charge such as manslaughter. The court did however uphold his conviction for influencing a witness, said WSB-TV.
The prosecutors argued that McIver killed his wife over money stating that McIver was in debt and needed more money coming in to keep up with his day-to-day life. However, the other side said the couple were in a loving relationship, according to WSB-TV.