The attorney for a Weatherford man who was no-billed on Wednesday by a Tarrant County grand jury in the shooting of a Fort Worth police officer, but who was quickly charged again, is asking a judge to release his client from jail.
Attorney Brian Walker filed a motion Thursday in 432nd District Court that says defendant Ed R. McIver Jr. is being “illegally confined and restrained” in the Tarrant County Jail.
The motion requests an examining trial — a hearing at which Tarrant County prosecutors would have to convince a judge that they have enough evidence showing probable cause that McIver committed the offenses he is charged with.
If the judge decides prosecutors don’t have enough evidence, the judge must order McIver’s release.
A hearing on the motion was set for 9 a.m. Monday before state District Judge Ruben Gonzalez, court records show.
Samantha Jordan, a spokeswoman for the Tarrant County district attorney’s office, declined to comment on Walker’s motion.
McIver has been jailed since the evening of March 15. Earlier that afternoon, he was riding in an SUV with his father, Ed R. McIver, when the older man refused to pull over for officers attempting to arrest him on felony warrants out of Parker County.
After a pursuit, the father and son jumped out of the SUV and ran into a wooded area near Mary’s Creek in far west Fort Worth, officials have said.
Officers who chased them were met with gunfire, and Fort Worth police Officer Matt Pearce was wounded.
Officers returned fire, killing the elder McIver.
The son eluded searchers for about three hours before being arrested. He was charged with attempted capital murder in Pearce’s shooting and possession of a controlled substance because investigators said they found ecstasy in the SUV’s passenger seat.
McIver was later charged with possession of a stolen weapon.
On Wednesday, a Tarrant County grand jury declined to indict McIver on the attempted capital murder and drug possession charges. Prosecutors quickly refiled the same two charges against McIver.
“We believe strongly this case should be prosecuted and have refiled those two charges to be presented to the next grand jury,” Jordan said. “It is not acceptable to fire upon police officers acting in the line of duty.”
Walker did not return a message Thursday seeking further information about his motion.
He told the Star-Telegram on Wednesday that ballistics tests showed that McIver Jr. didn’t fire any shots. He said the quick refiling of charges was “something I have never experienced before.”
Pearce was hospitalized until May 10 and still faces months of rehab, police have said