ATLANTA - A prominent Atlanta attorney appeared in court Friday in the shooting death of his wife.
Tex McIver is charged with malice murder and six other counts in the September 25, 2016 shooting death of his wife, Landa Diane McIver. He admits he shot and killed her, but claims it was an accident.
During Friday's hearing, McIver questioned the legality of searches made of the couple's property. His lawyers requested that all items seized during those searches not be allowed as evidence in the upcoming murder trial.
An investigator for the district attorney's office took the stand and explained that the searches were conducted in an effort to locate an additional will that associates of Mrs. McIver's said that she had spoken of.
McIver's attorney accused prosecutors of misconduct and pointed out the fact that a prosecutor had left out key evidence, including statements from a witness stating that Tex McIver was sleep inside the car before he shot his wife.
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.