For a second time, a Tarrant County grand jury has declined to indict a Parker County man on a charge of attempted capital murder in the shooting of Fort Worth police officer Matt Pearce.
Ed McIver Jr. was, however, indicted Tuesday on charges of hindering apprehension and tampering with evidence, felonies with maximum 10-year prison sentences.
Prosecutors will re-file the attempted capital murder charge “only if significant new evidence is discovered,” a spokeswoman for the Tarrant County district attorney’s office said Tuesday.
On March 15, McIver, 21, was with his father, Ed. R. McIver, when police began pursuing the father, who was wanted on warrants from Parker County. The elder McIver was killed in an exchange of gunfire with officers. Pearce was shot and hospitalized for almost two months, and still faces months of rehab.
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In June, prosecutors asked a previous grand jury to indict McIver Jr. on charges of attempted capital murder and possession of a controlled substance. The grand jury declined to do so on June 8.
The prosectors said they re-filed the charges the same day, saying the district attorney’s office “believes strongly this case should be prosecuted.”
Brian Walker, McIver Jr.’s court-appointed attorney, said then that ballistics tests showed McIver Jr. didn’t fire any shots.
On Tuesday, the district attorney’s office said in a statement: “McIver was a willing participant in this incident which resulted in the attempted murder of FWPD Officer Matt Pearce, and he will be prosecuted for his crimes.”
The controlled substance charge — because ecstasy was found in the SUV’s passenger seat, investigators said — was not included in Tuesday’s presentation to the grand jury, Samantha Jordan, a DA’s spokeswoman, said.
McIver’s current attorney, Bob Gill, declined to comment Tuesday.
On June 8, police Sgt. Marc Povero, a Fort Worth police spokesman, said that the department was disappointed in the grand jury’s decision. Tuesday afternoon, a spokeswoman said the department had no “statement at this time.”
McIver remained in the Tarrant County Jail Tuesday. No bail is set because in July, while free on bond, McIver violated bond conditions, authorities said.
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