In June, Georgia’s best court docket overturned McIver’s felony murder conviction, ruling that the jury really should have been instructed that they could think about a lesser charge of involuntary manslaughter.
In a movement submitted on Friday, Fulton County District Lawyer Fani T. Willis asked the county outstanding courtroom to set a new day for the trial in 180 days of obtaining the Supreme Court’s ruling.
The district attorney’s business office explained it designs to retry McIver on felony murder, aggravated assault with a deadly weapon and possession of a firearm throughout the commission of a felony.
“The jury which served at the primary trial of this scenario evaluated all of the proof and unanimously convicted Defendant of intentional crimes of violence against his wife,” the district attorney’s business office explained. “This truth weighs closely in the State’s thought of how best to provide the pursuits of justice in this situation.”
McIver stays in the custody of the Georgia Department of Corrections, in accordance to jail logs.
In its ask for for a demo, the district attorney’s business mentioned McIver is serving his five-calendar year sentence for his conviction of influencing a witness, which the Supreme Court did not overturn, including that although he “has not put in 5 decades in custody, five a long time will have elapsed quickly.”
In a statement to CNN, McIver’s attorneys managed their client’s former murder conviction was wrong.
“The Ga Supreme Court docket unanimously declared that the proof towards Tex McIver was weak. The Courtroom unanimously held that the prosecution behaved improperly and released evidence at the 1st demo that experienced no relevance or basis in point,” attorneys Amanda Clark Palmer, Bruce Harvey and Don Samuel said. “The Supreme Courtroom unanimously reversed the defective conviction. Now, the prosecution brags that it is only trying to get justice. It is much better late than never, but justice would be recognizing that Tex McIver is fully not responsible.”
In overturning McIver’s murder conviction past month, the Supreme Court docket said that based on the evidence and testimony through the demo, “the jury could have concluded that the revolver was not deliberately or deliberately fired, but fairly, as McIver implies, discharged as a consequence of his becoming startled awake, reflexively or involuntarily clutching at the bag holding the firearm, and inadvertently making contact with the bring about,” in accordance to the ruling.
The court additional discovered that the evidence supporting McIver intent to destroy his spouse was “disputed and circumstantial,” introducing, “No witness testified to any disagreement or quarrel concerning McIver and Diane, and several witnesses testified that they were being really substantially in enjoy.”