After a judge denied bond Tuesday for attorney and murder suspect Claud “Tex” McIver, his lawyer let fly about a judge’s decision to hold McIver in jail until his trial—set for Oct. 30.

“Mr. McIver is 74 years old, he has lost his wife in a tragic accident, he is suffering greatly, and has now been told that he will remain in jail until the court and the D.A. try his case,” William Hill of Polsinelli in Atlanta, McIver’s defense counsel, said in a statement released Tuesday after Fulton County Superior Court Judge Robert McBurney denied bond.