The Atlanta Journal-Constitution

Jurors skeptical of defense

- By Bill Rankin brankin@ajc.com

Jury selection in the Tex McIver case zeroed in almost immediatel­y on the heart of McIver’s defense: that he killed his wife, Diane, because his .38 revolver fired by accident.

The new episode of the AJC’s podcast, “Breakdown: The McIver Murder Case” will drop early Monday. Episode 5 explores the issues that arose in jury selection and also sets the table for the beginning of testimony.

Last week, several prospectiv­e jurors with knowledge of guns said that they just didn’t buy McIver’s claim.

“It would be very unlikely to have been an accident in that situation,” said Juror 14, who said he’s been carrying a concealed weapon for 10 years.

And Juror 19: “Someone’s got to pull the trigger. They don’t accidental­ly discharge.”

Juror 32 said much the same thing.

“It would be difficult for me to believe it was an accident,” she said. “I grew up around hunting with my family. It was just not that easy to shoot a gun, to me. You had to think about it. You had to pull the trigger. “

Jurors 14, 19 and 32 also were dismissed for cause.

And then there was Juror 11. “I don’t really want to hear about it,” Juror 11 said of the case. “I’ve got work to do. I’m losing money coming here. I just don’t care. It had nothing to do with me, and I don’t care to be a part of it.”

Fulton County Superior Court Judge Robert McBurney, known for championin­g jury service, asked Juror 11 to wait outside while the judge and the lawyers discussed whether to excuse him. Juror 11 actually asked how long that would take.

Listen to Episode 5 of Breakdown to learn the unexpected answer to that question. You can find us at Apple Podcasts, on Stitcher or your favorite podcast platform. Or you can stream it directly from our website: myajc. com.

 ??  ?? Diane McIver, the wife of Claud “Tex” McIver, was fatally shot by her husband in September 2016.
Diane McIver, the wife of Claud “Tex” McIver, was fatally shot by her husband in September 2016.
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