Witness takes stand in Tex McIver hearing Thursday

- What happened to corporate executive Diane McIver may not be the only gun incident the jury in the Tex McIver murder trial hears about.

You know if you have been following the case, that the Buckhead lawyer explained he shot and killed his wife but it was an accident.

The Fulton County District Attorney has asked a judge to allow testimony about another incident, that took place 27 years ago, in which McIver was charged with aggravated assault. A man took the stand and said he was with two other men hanging out in McIver's neighborhood drinking beer. He said he heard a couple of shots, saw McIver with a gun and he walked toward the 1989 red mustang that they were in.

The witness, Kevin O'Neal, said they did not say anything to McIver and decided to drive away. McIver shot at the car, according to O'Neal.

That case did not go to trial. McIver paid for damages to the vehicle.

A defense lawyer told the judge the attempt by the prosecution to get this evidence heard by a McIver jury does not comply with the law and is too old. 

SEE ALSO: Tex McIver indicted by Fulton County Grand Jury

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