Judge suggests house arrest for Tex McIver; placed in custody

ATLANTA -- (WGCL) -- After three days of hearings, a judge in Fulton County decided he would revoke the bond of an Atlanta-area attorney who is accused in the shooting death of his wife.

Tex McIver, the prominent attorney accused of accidentally shooting and killing his wife, Diane McIver, will head back to jail as a result of violating his bond. The judge in the case said he will suggest a new bond for McIver, which would place him under house arrest.

Until that new bond is written, McIver will remain in custody.

Last Friday, the DA's office filed a motion to revoke McIver's bond because investigators found a gun in a sock drawer in his Buckhead condo. It was discovered the Friday before during a search for documents to be used as evidence in McIver's upcoming manslaughter trial.

Wife shot during drive through Atlanta

McIver is accused of shooting and killing his wife Diane last September, while the two were driving back from their Putnam County farmhouse.

According to police, Diane McIver was shot while sitting in the passenger seat of her Ford Expedition the evening of Sept. 25. Her husband, attorney Tex McIver, was sitting directly behind her in the backseat.

Diane McIver's best friend of 30 years, whom he only identified as Dani Jo, was driving.

The three took a detour off I-85 downtown and got off at the Edgewood Avenue exit. Tex, who was sleeping in the back, asked for his gun because he didn't think it was a safe area.

After falling back to sleep in the backseat, he woke up to the sound of a gunshot and realized he had pulled the trigger. After Diane McIver was shot, she was driven to Emory Hospital in DeKalb County where she died.

Tex says he'll never forget when doctors told him his wife was dead.

"They're walking straight at you and you distinctively turn around to see if there's anybody behind you, they might be walking to and you realize you're the only one in the waiting room. They come up right up to you, and you know, exactly what they're going to tell you," Tex told CBS46 News back in December.