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FORT WORTH (CBSDFW) – The man charged with attempted capital murder in the shooting of Fort Worth Police Officer Matt Pearce spoke through his attorney for the first time.

Attorney Brian Walker of Fort Worth said his client Ed McIver Jr. is very upset about what happened to Pearce.

“My client has been very emphatic from day one that he’s extremely concerned about his well-being,” said Walker in regard to the officer who was critically injured.

McIver Jr. remains in the Tarrant County jail on a $2 million bond on attempted capital murder charges. Walker said the District Attorney’s office will begin presenting its case against his client Friday.

McIver Jr.’s father, Ed McIver Sr. was killed during a police shootout after police said he shot Pearce.

“He’s also very apologetic for what his father did to officer Pearce,” said Walker.

It was March 15 when McIver Jr. was out doing errands with his father, a wanted man, when suddenly law enforcement spotted their vehicle. The father and son took off.

“Ed Sr. looked over at Ed Jr. and said ‘I’m not going back to jail,’ ” said Walker.

McIver Sr, who spent years in prison, gave his son a specific instruction when he stopped their vehicle. “He handed Ed Jr. a firearm and said ‘run and don’t look back,’ and Ed Jr., very scared, did exactly what his dad said.”

McIver Jr. told his attorney he ran into the woods as police closed in on his father.

“Ed Jr. heard gun shots, turned around looked down through the woods and saw his father firing the weapon at the police officer and the police officers returning fire… and he actually saw his father get shot and killed,” said Walker.

Police conducted ballistics tests on the gun McIver Jr. was carrying when police found him. They also checked to see if there was any gun powder residue on McIver Jr.’s hands to determine if he also fired shots at officers.

Walker said the District Attorney’s office told him they’re still waiting for ballistics test results to return. But he said his client didn’t fire the gun his dad gave him, and that he’s confident both the ballistics tests and gun powder residue tests will confirm that.

As a result, Walker said “There is a chance, that if I continue to do my diligence and all things continue to fall in place the right way, the attempted capital murder charge will not be pursued by the DA’s office.”

Walker said his client “Is frustrated because he was ultimately at the wrong place at the wrong time. He had no clue what was going to take place that day.”

Both the Tarrant County DA’s office and Fort Worth Police declined comment. The Fort Worth Police Officers Association didn’t return a call from CBS11.

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