Prosecutor reacts to McIver’s probation sentence
A man convicted of running away from the near deadly shooting of a Fort Worth police officer was ordered to spend Thanksgiving, Christmas, his birthday and the date of the offense in jail.
Ed McIver, 23, of Weatherford, was sentenced to two years probation after a jury convicted him of evading arrest and detention, a Class A misdemeanor, on Monday.
McIver was placed in jail Monday after the trial, but released on Tuesday, according to his defense attorney’s office.
A Class A misdemeanor is typically punishable by a maximum of one year confinement, a $4,000 fine, or both.
But prosecutors contended during McIver’s trial that his March 15, 2016 conduct during the offense was worthy of a stricter penalty. Tarrant County prosecutor Lloyd Welchel said a request to add a total of 26 days of jail time to McIver’s sentence would be made to State District Judge Ruben Gonzalez during a hearing scheduled Tuesday.
“We believe that the seriousness of the conduct exceeds what you would ordinarily come across in a Class A misdemeanor offense,” Tarrant County prosecutor Kevin Rousseau said Monday. “For that reason we are asking the court to treat it seriously and to impose conditions that are adequate to ensure the safety of the population.“
Matt Pearce, a Fort Worth police officer, was shot six times by McIver’s 42-year-old father, according to testimony.
McIver’s father, a wanted felon, was shot dead by police after a 15-minute chase through Fort Worth at speeds exceeding 100 mph, witnesses said.
The younger McIver was a passenger in the SUV his father was driving. When the SUV stopped in far north Fort Worth, the McIvers exited opposite sides of the vehicle and ran away in different directions.
Prosecutors argued that the younger McIver purposely led police away from Pearce, isolating the officer, making it easier for his father to kill him.
Two grand juries declined to indict the younger McIver on attempted capital murder charges and two other charges were dismissed.
The prosecutors and Pearce each stated their displeasure with the trial outcome.
“We weren’t interested in negotiating this type of outcome prior to trial,” Rousseau said Monday. “Although we knew this was a possibility obviously. This was one of the charges in the indictment. We believed he was guilty of the higher charges. The jury disagreed and that’s within their right. But this was not an outcome we were interested in pre-trial.”
Bob Gill, who represented McIver along with Brian Walker, said there was never any plea bargain offer made by prosecutors. Defense attorneys and the family were relieved by the outcome, Gill said.
“I think that justice was served in this case,” Gill said. “I’m really kind of surprised the jury convicted him of any offense at all but we’re certainly relieved that the jury did not convict him of any felony offense because we didn’t feel like that was the proper charge. “