Tex McIver hearing sets table for upcoming trial

ATLANTA - The hearing for Tex McIver, who prosecutors claim intentionally killed his wife Diane, continued on Friday. The prosecutors claim McIver's motive may have been money.

The Buckhead attorney said he shot his wife while dozing off to sleep while in the rear of the couple's vehicle. Diane was seated directly in front of him. The reason McIver was holding a weapon is that he was concerned about the safety of the in which neighborhood they were driving.

Prosecutors said Tex McIver was a big gun enthusiast. That fact, they contend, makes it even more implausible that he could have accidentally had his handgun go off and send a bullet into the seat where his wife Diane was sitting in their vehicle.

In an earlier interview with FOX 5 News, Tex McIver denied he sought his wife's cash. In fact, he said, Diane's resources amounted to about one-half of his.

As a Fulton County judge set the table for an upcoming murder trial, McIver's gun collection may be part of the evidence. Specifically, one focus of pre-trial motions is what happens when members of the prosecution traveled to a rural McIver ranch.

They called ahead to an employee saying they wanted to interview him about the couple's relationship.

The ranch hand, named Javier Hernandez, took the stand. He testified that when the prosecutor showed up, they asked to see all around the property and asked permission to shoot photographs. They went into one of the buildings and saw a sizable gun collection.

Defense attorney Stephen Maples said the Fulton County District Attorney went to the ranch with no warrant and without proper permission. And he said anything gathered as a result should not be allowed at the upcoming trial.