Tex McIver speaks out : 'The facts aren't coming out'

- Claud "Tex" McIver, a prominent Atlanta attorney indicted in the shooting death of his wife, spoke with FOX 5 from inside his Fulton County jail cell and proclaimed his innocence once again.

“The facts aren’t coming out,” he said.

McIver was charged with malice murder and six other counts in the September 25, 2016 shooting death of his wife, Landa Diane McIver.

RELATED: Tex McIver indicted by Fulton County Grand Jury

McIver insists state prosecutors have turned the accidental shooting of his wife into a murder charge without the evidence to support it.

“We gave them a list of witnesses to talk to. They’ve been progressively presenting them to a district attorney. Almost every one of them came back to us and said, ‘After my testimony, I was being escorted out of the office. I was being told we’re going to indict him for murder,'” he said.

McIver claims the circumstances surrounding the shooting is among the missing facts.

READ: Judge rules McIver will not get SUV back for now

McIver maintains he fell asleep while holding a gun in the back of an SUV, when the weapon discharged, striking Mrs. McIver. He believes the gun slipped out of his hand and it went off.

“The track of the bullet reflects, in our ballistics analysis, reflects that you couldn’t make that shot in another thousand times,” said McIver.

He also says chatter about the couple’s finances does not match reality.

“I am worth two-and-a-half times more than her estate is worth,” he said.

His wedding ring and a jail bible are the only two items McIver has in his small cell. During the interview, he recalled the last few moments of Diane’s life.

“When she went into the operating room, we literally thought she was going to make it,” he said.

He also recalled a conversation that took place between Mrs. McIver and a doctor.

“'Well, is there anything else?' And she said that it was an accident—she said it twice—it was an accident and I want people to know it was an accident,” he said.

“It was the second marriage for both of us and, frankly, we got it right. It was the finest union that I’ve ever known anything about,” said McIver through tears. “I didn’t understand the meaning of love.”

MORE: Judge rules 'Tex' McIver can sell late wife's items

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