ATLANTA — A Fulton County judge has denied bond for a well-known metro Atlanta lawyer whose conviction in his wife’s murder was overturned.

Claud Lee “Tex” McIver III appeared for a bond hearing Friday morning where Judge Robert McBurney ruled against his release on bond.

McBurney said he had concerns about McIver posing a flight risk if the case is re-tried.

In 2018, McIver was convicted of felony murder and possession of a firearm during the commission of a felony in the shooting death of his wife, Diane McIver.

The couple was on their way home from a party with a friend in 2016 when McIver allegedly shot his wife through the back seat of their SUV. She was rushed to the hospital, where she died.

In June, the Georgia Supreme Court overturned McIver’s murder conviction.

McIver said during the trial that his wife’s death was an accident, and that he had fallen asleep when the gun he was holding for protection went off. McIver was tried and sentenced to serve life in prison for felony murder, five concurrent years for influencing a witness, and five concurrent years suspended for the gun crime.

The jury acquitted McIver of malice murder, a charge that implies the murder was planned.

The Georgia Supreme Court reversed McIver’s convictions because the trial court “erred in denying his request to charge the jury on a lesser involuntary manslaughter offense.”

After the court’s decision was made, Fulton County District Attorney Fani Willis submitted a motion in July to retry McIver.

©2022 Cox Media Group