More evidence gathered death of an executive

- It first appeared the Atlanta Police Department was all done collecting evidence from a vehicle where executive Diane McIver was shot and ultimately succumbed to her injuries.

The incident has been under the microscope ever since her husband, Tex, explained he does not know how his .38 revolver went off striking his wife who was seated in the front.

City detectives and crime lab staff examined the SUV, but then released it back to the family. The attorney for the husband says that was back on September 30.

But then Stephen Maples says the city notified the family investigators needed to take another look and the family complied.

This time, Maples said, APD explained it wanted the GBI to examine the vehicle. But there is a hiccup with the planned recheck. The GBI tells FOX 5 the request by the city cannot be fulfilled because of a restriction. A spokesperson explained the information detectives want to gather is not scientifically possible.

And there is something else that's not possible apparently. Further testing would not be allowed in any court because the city had already released the evidence back to the family. An expert says that effectively taints any additional data police could seek to obtain.

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