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Judge Tosses Witness Tampering Charges Against Attorney Accused of Murder


Tex McIver Murder Trial

In a not-so-shocking move, the judge overseeing the Tex McIver murder trial in Atlanta, Georgia on Wednesday threw out counts six and seven of the indictment against McIver.

McIver was originally charged with one count of murder, one count of felony murder, one count of aggravated assault with a deadly weapon, one count of possessing a firearm during a felony, and three counts of attempting to influence witnesses. The last two counts were dismissed. All of the charges related to the shooting death of Tex McIver’s wife, Diane McIver. A critical witness, Dani Jo Carter, was driving the couple home when Tex’s gun went off in the back seat. Diane, in the front passenger seat, was struck and later died. Tex McIver has maintained that the shooting was accidental.

The first dismissed count included an accusation that McIver asked his publicist, Bill Crane, to retract a statement McIver had earlier made to the press through Crane. Prosecutors attempted unsuccessfully to argue that the press statement was an attempt to particularly influence the police and prosecutors, though Crane said it was an attempt to influence the public in general.

The second dismissed count included an accusation that McIver had called Thomas Carter, the husband of Dani Jo Carter, to request that Thomas tell Dani Jo to cease speaking with the police. He further supposedly asked Thomas Carter to delete the message which contained the request.

In dismissing the counts after the prosecution’s case in chief, the judge said McIver clearly tried to influence witnesses, but that the statute under which he was charged didn’t criminalize the type of conduct of which he was alleged to have engaged. The judge further said prosecutors hadn’t submitted enough evidence under counts six and seven to meet the legal threshold to submit those charges to jurors.

The judge said prosecutors could, however, use the elicited evidence to argue consciousness of guilt to support the other charges. The judge said that the evidence that McIver tried to influence Thomas Carter and Bill Crane was “relevant” to the other charges.

McIver still faces witness tampering charges for allegedly asking Dani Jo Carter to lie.

Reaction online was swift:


[Image via screen grab from the Law&Crime Network.]

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Aaron Keller holds a juris doctor degree from the University of New Hampshire School of Law and a broadcast journalism degree from Syracuse University. He is a former anchor and executive producer for the Law&Crime Network and is now deputy editor-in-chief for the Law&Crime website. DISCLAIMER:  This website is for general informational purposes only. You should not rely on it for legal advice. Reading this site or interacting with the author via this site does not create an attorney-client relationship. This website is not a substitute for the advice of an attorney. Speak to a competent lawyer in your jurisdiction for legal advice and representation relevant to your situation.