Dani Jo Carter, the sole witness to the 2016 fatal shooting of Diane McIver, on Wednesday told the jury hearing the murder case of Atlanta attorney Claud “Tex” McIver that he told her, “I can’t go to jail.”

Carter said McIver made the comment while at Emory University Hospital shortly after he fatally shot his wife. McIver and his lawyers have always insisted Diane McIver’s shooting was an accident—a conclusion Carter testified she believed at the time and had shared with Atlanta police.

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