Man who shot his wife in SUV wants murder conviction tossed

ATLANTA (AP) — Lawyers for a man convicted of murder for fatally shooting his wife as they rode in an SUV in Atlanta say he did not have a fair trial and are asking Georgia's highest court to overturn his conviction.

Claud “Tex” McIver, 79, is serving a life sentence after being convicted of felony murder and other charges in the 2016 shooting of his wife, 64-year-old Diane McIver.

There was never any dispute that McIver shot his wife — the question at trial was whether he meant to. Prosecutors said he was driven to kill her because he coveted his wife's money. Defense attorneys said that was nonsense, that McIver loved his wife dearly and her death was a terrible accident.

McIver was convicted in April 2018 of charges including felony murder and aggravated assault. The Georgia Supreme Court is set to hear oral arguments Wednesday on his appeal of his convictions.

The McIvers were wealthy and well-connected. He was a partner at a prominent labor and employment law firm and served on the state election board. She was president of U.S. Enterprises Inc., the parent company of Corey Airport Services, where she had worked for 43 years.

Dani Jo Carter, a close friend of Diane McIver, was driving the couple’s Ford Expedition the evening of Sept. 25, 2016, as the three returned from a weekend at the McIvers’ horse farm about 75 miles (120 kilometers) east of Atlanta. Diane McIver was in the front passenger seat and Tex McIver was in the back seat behind his wife.

With traffic heavy on the interstate, Carter exited in downtown Atlanta. McIver asked his wife to get his gun from the center console and hand it to him. A short while later, McIver fired the gun once, striking his wife in the back. Carter drove to a hospital where Diane McIver died.

A family friend told news...