Initial police report of Tex McIver incident released

ATLANTA - Before the Fulton County District Attorney brought murder charges against Tex McIver, an earlier police investigation reached a different conclusion.

And for the first time, the police examination is out to the public for review. Investigator Darren Smith spoke at length with a family friend who was present when the Buckhead attorney said a gun he was holding discharged, sending a bullet through a car seat where his wife Diane was riding in front of him.

Patricia "Dani Jo" Carter said she has no doubt it was an accident. She said McIver was asleep in the back just before the gun went off.

In the police report, the investigator also interviewed an Emory Hospital doctor. Susanne Hardy told the detective Mrs. McIver unprompted said what happen was "an accident"

The Atlanta Police Department took out a manslaughter warrant. Lead District Attorney Clint Rucker said his investigators came up with more, with intent, justifying murder charges.

A jury will sort it out in a trial.