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FORT WORTH (CBSDFW.COM) – The man accused in the shooting of Fort Worth police officer Matt Pearce may be released from jail within days.
On Monday, Judge Ruben Gonzalez reduced bond for Ed McIver Jr. from $2 million to $17,000 for the felony attempted capital murder charge and two lesser counts. But defense lawyers say he can’t afford to post the bond right away.
During the court hearing, McIver Jr. was seen publicly for the first time since he was arrested March 15.
Prosecutors acknowledged that because a grand jury didn’t file any charges against McIver Jr. within the required 90 days, they wouldn’t stop him from being released. But they also say he should and will still be prosecuted for attempted capital murder.
The Tarrant County District Attorney’s office will present its case to a second grand jury.
McIver’s father was killed during a shoot-out with police after authorities say he shot officer Matt Pearce seven times and left him in very critical condition. Pearce is now recovering at home.
Also during the hearing, prosecutors played dashcam video of police pursuing the suspects. Another officer testified that after the suspects led them on a chase, he saw McIver Jr. get out of their small SUV with a long-barreled gun and that he was worried he would hurt people, including officers.
Defense lawyers say McIver Jr.’s dad gave him two weapons before fleeing and that evidence shows he didn’t fire either of them.
Aside from reducing bond, the judge also said McIver Jr has to wear a GPS monitor, and that he can’t live with anyone who has firearms or who’s a convicted felon.
“I was hoping that I’d be able to tell you he definitely gets released today, but candidly, I cannot do that at this point because there are other issues we have today. But I anticipate Mr. McIver will get out of jail in the next few days,” says Defense attorney Brian Walker.
Prosecutors wouldn’t discuss evidence or specifics of the case.
Kevin Russeau, who’s the DA’s Deputy Chief of the Criminal Division says, “The judge entered a lot of the conditions we asked for and we don’t have any complaints.”
Still no word when they’ll present their case to a second grand jury or when McIver Jr. will post bond.
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