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FORT WORTH (CBSDFW.COM) – A Tarrant County grand jury declined to indict Ed McIver, Jr. after a police pursuit on the west side of Fort Worth back in March.

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However, the Tarrant County DA’s office filed a new attempted capital murder charge against McIver, Jr. on Wednesday.

Officer Matthew Pearce was serving an arrest warrant on Ed McIver, Sr. when police say McIver, Sr. shot Pearce and was shot and killed by police.

McIver, Jr. took off and was captured later that afternoon.

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Since the shooting, Ed McIver, Jr’s attorney has maintained his client was not guilty.

A Fort Worth police spokesperson expressed disappointment with the decision and said in a brief statement McIver’s actions should be heard by a jury of his peers.

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