Fulton murder case pits sheriff against D.A.

Lawyer calls decision to move Tex McIver ‘special treatment.’

A Fulton County judge on Monday held off ruling on which jail should hold Claud “Tex” McIver, the Atlanta attorney charged with murder in the death of his wife.

This latest strange twist in the McIver saga pitted Fulton County District Attorney Paul Howard against county Sheriff Ted Jackson.

Howard is objecting to the decision by the sheriff ’s office to move McIver from the Atlanta jail to one in Alpharetta about a week ago. Howard’s office filed a motion asserting that the move meant the 74-year-old attorney was receiving special treatment.

Taking the stand in Fulton County Superior Court, Howard also raised concerns that the Alpharetta facility did not have the capacity to videotape visits with inmates. This, he said, could allow McIver to further his efforts to influence witnesses.

“I believe this defendant is dangerous,” Howard said. “Even after the court ordered him (to not have any weapons) he had a weapon. He has been formally charged with intimidating witnesses.”

He added, “I believe placing him in the Alpharetta jail increased his ability to do that.”

Fulton’s Chief Jailer Mark Adger told the court that that McIver had been housed in a medical section of the Atlanta jail, not for any medical issue but to protect him. He was moved to Alpharetta to free up that space for a sick inmate, he added.

Sheriff Jackson, responding

with his own motion, said the move represents no special treatment, and that all phone calls in the Alpharetta facility are all recorded. He acknowledged that the jail has no system to video-record personal visits with inmates, but said such visits are conducted in a visitation booth with both parties separated by a glass partition.

McIver’s attorney, Stephen Maples, said neither McIver nor his legal team knew about the move.

McIver faces charges of malice murder and influencing witnesses in the death of his wife in September of last year as they rode in their SUV near Piedmont Park. McIver has maintained the shooting — in which he shot his wife in the back as she sat in the front passenger seat — was an accident.

After more than three hours of testimony and argument, Judge Robert McBurney made clear that he believes the decision on where to house an inmate stands with the sheriff.

He added that “I have heard no testimony to discredit” that decision.” But he declined to rule Monday.

McIver’s trial is scheduled to begin Oct. 30.

JOHN SPINK / JSPINK@AJC.COM A Fulton County deputy brings Claud “Tex” McIver into a courtroom June 6. McIver is charged with murdering his wife.