Bruce Harvey gives the jury an eye measure of Claud “Tex” McIver, left, and Don Samuel during McIver’s trial at the Fulton County Courthouse in Atlanta on Friday, April 13, 2018. (Alyssa Pointer/Atlanta Journal-Constitution via AP, Pool)

An Atlanta attorney who fatally shot his business executive wife has told the judge overseeing his murder trial that he does not wish to testify in his own defense.

Claud “Tex” McIver, 75, informed the judge of his decision Friday, just before the defense rested after nearly four weeks of testimony. McIver faces charges including murder in the September 2016 death of 64-year-old Diane McIver.

The defense says McIver loved his wife dearly and the shooting was a tragic accident. Prosecutors say McIver’s life was spinning out of control and he was having financial problems and shot his wife on purpose.

Fulton County Superior Court Chief Judge Robert McBurney told jurors they will hear from rebuttal witnesses Monday and that closing arguments will be Tuesday.

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