Judge rules McIver will not get SUV back for now

- The Buckhead lawyer who shot and killed his wife as they rode in his SUV, won’t get his vehicle back for now.

Claud ‘Tex’ McIver appeared in court Tuesday asking for the SUV to be released, but the judge ruled she couldn’t over-turn another judge’s order for the prosecution to keep the SUV.

In September, Atlanta Police said Mrs. McIver, 64, was a passenger in an SUV which had pulled off the interstate at Edgewood Avenue to avoid construction. According to investigators, the SUV had two other occupants at the time and continued to travel on surface streets towards Buckhead. The SUV was on Piedmont Avenue near Piedmont Park. Investigators said, when a gun inside the vehicle discharged, Mrs. McIver was wounded. She was rushed to Emory University Hospital on Clifton Road where she was pronounced dead just before 1 a.m. on September 26.

Police located the SUV in the hospital parking lot and took initial statements from the other occupants of the car.

McIver admits to shooting his wife Diane, but claims it was an accident.

Diane McIver was president of Corey Airport Services, an Atlanta-based marketing company.

“Tex” at the time of the shooting was a partner in his firm, vice president of the Georgia State Election Board, and service on the American Bar Association’s Standing Committee on Gun Violence advisory board.

He’s charged with involuntary manslaughter and reckless conduct

RELATED: Attorney charged in wife's death stepping down from board

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