Prominent lawyer is arraigned on murder charges and accused of trying to influence a judge
Shutterstock
A prominent Atlanta lawyer, who says he accidentally shot and killed his wife, has pleaded not guilty to murder at an arraignment where a prosecutor accused him of trying to influence a judge.
Assistant District Attorney Clint Rucker argued at Tuesday’s arraignment that 74-year-old lawyer Claud “Tex” McIver should not be released on bond because of a recorded jailhouse conversation in which he suggested a judge could help him, report the Daily Report (sub. req.) and the Atlanta Journal-Constitution.
McIver was riding in the back seat of an SUV last September when the gun he was holding went off, killing his wife, Diane McIver, who was sitting in the front seat. He has said the gun fired accidentally. McIver is a former employment law partner at Fisher Phillips and former vice chair of the Georgia Board of Elections.
McIver was initially charged with involuntary manslaughter, but he was indicted on murder charges in April. Charging documents cited McIver’s behavior after the shooting when he allegedly asked the driver of the car–a friend of his wife–to tell police she wasn’t present during the shooting, the Journal-Constitution reported last month. He is charged with malice murder, felony murder, possession of a weapon and three counts of attempting to influence witnesses.
In the recorded jailhouse conversation, McIver spoke with Anne Schwall, the ex-wife of Judge Craig Schwall, according to Rucker. McIver is the godparent to the Schwalls’ son. According to Rucker, McIver told Anne Schwall to contact the judge. “Listen, I don’t want to use any names but my godson’s father, I need you to contact him. All he needs to do is make a phone call and then I can be out of here the next day,” McIver allegedly said.
McIver’s lawyer, William Hill, said his client was “just venting” and he knew Judge Schwall would not try to intervene.
The judge in the case, Robert McBurney, said Schwall had not contacted him, according to the Daily Report account. “He has maintained an appropriate professional distance throughout the proceedings. He has not reached out to me in any way, shape or form,” McBurney said.
