Husband of woman killed near Piedmont Park takes polygraph

- FOX 5 News has learned prominent Atlanta lawyer Claude ‘Tex’ McGiver has passed a polygraph test.   There have been a number of questions surrounding the accidental shooting of his wife, Diane. 

"Tex McGiver" says while riding in one of the family's vehicles, his gun discharged sending a bullet through the seat where his wife was sitting. The lawyer was in the back seat. His wife and a female friend of Mrs. McGiver were both in the front.

Mr. McGiver says they had just returned from an out of town trip, and had gotten off the interstate to avoid traffic.  He asked his wife the pass him his gun which was in a center console.

Once they got away from downtown, the lawyer says he must have fallen asleep. He says he was awakened by a flash and the sound of gunfire as the vehicle likely hit a bump -- causing him to lurch forward.

Examiner Richard Rackleff who said he went into full detail of the account reported no deception in the husband's version of how his wife was killed.

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