Claud McIver, 81, faced Georgia’s highest court for a plea deal on Friday, Jan. 26, in hopes of receiving lesser charges before the first steps of a long-awaited retrial.
In 2018, McIver was convicted of intentionally killing his wife and sentenced to life in prison.
Five years later, that conviction was overturned, changing McIver’s sentence to eight years with credit for time previously served.
For the past few years, McIver’s lawyers have been working on an appeal, claiming he was denied a fair trial and the jury should have had the option for a misdemeanor involuntary manslaughter charge.
On Jan. 26, 2024, McIver pled guilty to involuntary manslaughter, reckless conduct and associated gun possession. He was sentenced to seven years on probation, according to The Associated Press.
Amanda Clark Palmer and Donald Samuelin, McIver’s legal counsel, informed the Atlanta Journal Constitution that McIver’s prison sentence ends in 2025 or earlier if granted parole.
Robert McBurney, Fulton County Superior Court Judge, referred to Mclver’s plea deal as “a healthier and cleaner way” to settle the case rather than a retrial.
An argument between the prosecution and defense regarding which evidence can be revealed to the jury has halted the retrial which sent potential jury members home.
The retrial is estimated to resume in 2024.
McIver has always claimed he shot his wife, Diane McIver, by accident on the night of Sept. 25, 2016.
The couple and their friend, Dani Jo Carter, were returning to Atlanta from a weekend trip at their ranch. Carter was driving, with Diane in the front passenger seat and McIver directly behind her. Interstate traffic was heavy, compelling Carter to take an exit for downtown which concerned McIver.
McIver said, “Girls, I wish you hadn’t done this. This is a really bad area,” and requested his wife to hand him his .38-caliber revolver from the center console. McIver says he fell asleep shortly after taking possession of the gun, and claims it inadvertently fired which struck Diane in the back. The three immediately went to a hospital where Mrs. Mclver died.
Considered some of Atlanta’s elite, the McIver’s were a wealthy and politically connected couple.
Before surrendering his law license of 50 years last April, McIver found success as a partner at a national labor and employment firm. The late Mclver made her four-decade debut in real estate and advertising with U.S. Enterprises Inc., founded by Billy Corey.
In court last Friday, Corey’s opinion was read aloud by an employee of the Fulton County District Attorney’s Office saying Mrs. Mclver’s death “was no accident.”
McIver apologized for his mistake and recognized he could do nothing to make up for what happened to his wife.
“She died as a result of my actions, plain and simple,” McIver said. “I’ve worn my wedding ring since the day we were married and I intend to wear it until the day I die. I hope we’re at a point where we’re not judging each other and we can all move on. She’s my angel and she’s waiting for me in heaven.”
