Atlanta attorney fatally shoots wife in SUV -- was it an accident or cold-blooded murder?

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Case update: Tex McIver won his entreaty for a caller trial in 2022, the Georgia Supreme Court ruling that jurors should person been capable to see the lesser complaint of misdemeanor involuntary manslaughter. On Jan. 26, 2024, helium pleaded blameworthy to involuntary manslaughter successful speech for a situation condemnation of 8 years. With recognition for clip served, McIver was released successful January 2025.

Our earlier communicative is below.

Produced by Judy Rybak and Josh Gaynor

[This communicative primitively aired connected April 28. It was updated connected Sept. 15.]

"This was an enormously high-profile case," says Bill Rankin, a newsman for the Atlanta Journal-Constitution and a "48 Hours" consultant. "They were a big-time powerfulness couple."

On Sept. 25, 2016, Tex and Diane McIver were heading location aft a agelong time of golfing and an evening of drinking. A person who did not portion was astatine the instrumentality of Tex's SUV. Diane was successful the beforehand rider spot and Tex was close down her. He says helium was accelerated asleep.

Not acold from home, they deed postulation and exited the highway. Tex says helium woke up acrophobic that they were successful a atrocious neighborhood. He asked his woman to manus him the .38 caliber handgun helium kept successful the car's console. Minutes later, with that loaded weapon present successful his lap, Tex says helium fell backmost asleep. "And it went off," helium aboriginal told police.

Tex McIver changeable his woman of 11 years successful the back. She died during surgery.

"Can a .38 Special conscionable accidentally spell off?" '48 Hours" analogous Maureen Maher asked weapon adept Bert Davis. "Never known it to happen. You person to propulsion the trigger," helium says of the Smith and Wesson revolver similar the 1 that killed Diane.

Tex's lawyer Bruce Harvey knows his biggest situation is that gun. "Clearly, a trigger was pulled. The question is was that a voluntary, knowing and intentional enactment oregon an involuntary enactment based upon an accident?"

But Tex was nary alien to guns. He had a postulation of astir 40, including rifles and AR15s.

The thought that Tex McIver should person known better, was astir to go a cardinal taxable successful this lawsuit … but it's what Tex did aft the shooting that, to some, made him look much and much similar a killer.

"It gets truly crazy," said Rankin. "I deliberation we've called it a textbook illustration of what not to bash aft you termination your wife."

LOVE STORY OR MURDER MYSTERY?

Breakdown podcast: They drove backmost to Atlanta connected a Sunday nighttime ... They were headed to Tex and Diane's luxury condominium successful Buckhead.

On the nighttime of Sept. 25, 2016, Tex McIver changeable and killed his woman Diane. They'd been unneurotic for 16 years; joined for 11 years.

Anne Schwall: I retrieve the archetypal clip I ever met Diane. …She conscionable had specified a commanding beingness astir her.

According to adjacent person Anne Schwall, Diane was the emotion of Tex's life.

Anne Schwall: She was beautiful, and …There was specified -- an vigor and energy astir her.

The twelvemonth was 2000. Diane, 47, was precocious divorced with nary children, and had a thriving vocation arsenic the enforcement vice president of a existent property and advertizing company.

In hunt of a caller start, she moved into this luxurious condominium successful Atlanta's swanky Buckhead neighborhood.

Linda Winkler: Everyone successful the gathering was talking astir her.

Maureen Maher: Why? [laughs]

Linda Winkler: She had a mode astir her.

Linda and Rance Winkler accidental their caller neighbour was hard to miss.

Linda Winkler: She wore St. John and Chanel connected the play course. She wore hats conscionable astir each time … And she had a beingness and a mode of carrying herself.

But, says Linda, nary 1 paid much attraction to Diane than different fashionable divorcé successful the building: affluent labour lawyer Tex McIver.

Maureen Maher: Before helium met Diane ... did helium person … a emotion beingness that you knew of oregon a dating life?

Linda Winkler: No. He was truthful consumed with his work. There were a batch of women who were precise funny successful him having a dating life, but // he'd been done a very-- painful, hard divorce. It wasn't until Diane came on that helium was funny successful having a romanticist life.

But Diane was less than funny successful Tex.

Linda Winkler: Tex did everything helium could deliberation of to effort and get her attention. …he would telephone maine and he'd accidental … "I've near notes connected the windshield of her car. …I've near notes nether her door. I'm not getting anywhere."

Maureen Maher: What was her objection?

Linda Winkler: I deliberation she conscionable -- was precise engaged … And I deliberation she was coming retired of a narration that had been problematic. …But -- they deed it off.

Tex was a decennary older than Diane, but they soon became inseparable -- spending overmuch of their escaped clip astatine Tex's play home, fondly known arsenic "The Ranch," wherever the mates was known for throwing parties for Atlanta's affluent and powerful, says person and Putnam County Sheriff Howard Sills.

Sheriff Howard Sills: They were large entertainers. They were ever havin' idiosyncratic determination for immoderate benignant of enactment oregon immoderate benignant of governmental -- happening similar that.

Sheriff Howard Sills: Diane was … ever the beingness of the party. And -- she was ever the brag of the enactment too. … Tex was -- usually precise reserved -- a consummate gentleman. If a woman walked successful the room, helium was up similar a Jack-in-the box.

After 5 years together, Diane agreed to go Mrs. Tex McIver.

Linda Winkler: He cared astir her. …Which was astir apt the precise archetypal clip she had that acquisition successful a lotta years. He didn't request her --

Maureen Maher: That idiosyncratic cared astir her?

Linda Winkler: For her.

Maureen Maher: Just for her?

Linda Winkler: Just for her, not for her money. He -- had arsenic overmuch arsenic she. In fact-- successful presumption of liquid assets, helium was further on than she.

So, having some suffered done achy and costly divorces, the mates decided to support their finances separate.

Linda Winkler: I don't cognize anyone, actually, who's combined their assets, having joined astatine the property … that they married. And you person to retrieve that Tex had this terrible, achy --

Maureen Maher: Expensive.

Linda Winkler: -- divorce. And helium was ne'er going to enactment himself successful a concern similar that.

Maureen Maher: Was determination an contented of wealth betwixt them?

Linda Winkler: Not successful … the accepted sense. But erstwhile they started gathering this place, you tin spot this place. You spot what it's like.

Maureen Maher: It's a amusement place…

Linda Winkler: Yes!

Linda is talking astir the impermanent location connected Tex's property. Before the wedding, they accidental Diane insisted connected gathering the monolithic enactment location that she named "The Saloon."

Rance Winkler: Tex truly didn't privation each this. Diane wanted it.

Linda Winkler: The standard of it.

Rance Winkler: And helium told her that if she wanted it, she would wage for it. And she said, "Fine."

But money, and who paid for what successful that relationship, would travel backmost to haunt Tex, becoming a imaginable motive for murder.

Maureen Maher: Is determination immoderate script wherever you tin deliberation that Tex would person changeable Diane intentionally?

Anne Schwall: Never. Never once.

Anne Schwall says she admired Diane and Tex truthful overmuch that she asked them to beryllium godparents to her youngest son, Austin.

Anne Schwall: …they conscionable adored him, and they conscionable poured truthful overmuch emotion into … him.

Tex was each the household Diane had, and aft his divorce, helium was estranged from 2 of his children. Too aged for children of their ain Schwall says they focused each their attraction connected Austin.

Anne Schwall: They conscionable wanted truthful overmuch to amusement him each the large things that helium could bash and however helium could turn up and beryllium specified a liable young man. …teaching him … however to … thrust horses, and however to fish, and however to beryllium a bully steward of the onshore and of animals.

Maureen Maher: And however did -- Austin consciousness astir them?

Anne Schwall: Oh, helium adored 'em.

The ranch was their peculiar place, and each twelvemonth it's wherever Tex and Diane insisted connected hosting extravagant day parties for Austin.

Anne Schwall: The day parties were legendary. A motion of however overmuch they loved him.

Maureen Maher: Tell maine erstwhile you heard astir what happened?

Anne Schwall: So helium called me. It was successful the mediate of the night. [Emotional] … And arsenic soon arsenic I heard his dependable and helium said, "We mislaid Diane." And my contiguous absorption was, "how americium I gonna archer Austin?"

Schwall says Austin ne'er erstwhile blamed Tex for Diane's death.

Anne Schwall: He really was conscionable truly disquieted about, you cognize … however Tex was doing.

Linda Winkler: He's ne'er said, "I didn't sprout her." He's ne'er said, "I didn't termination my wife." …He is profoundly regretful.

Rance Winkler: He talked to maine a c--couple of weeks ago, and helium said, "I – I -- it's like, I odor her. …And I interruption down and I cry."

It was each a tragic accident, according to Tex's defenders. But here's the biggest problem: nary one, including Tex, tin explicate however his weapon went off, and killed his wife.

Rance Winkler: Even to this time --

Maureen Maher: He doesn't remember.

Rance Winkler: -- helium doesn't cognize precisely however it went off.

Linda Winkler: We conscionable asked him that time earlier yesterday.

Rance Winkler: He inactive cannot springiness an reply to precisely what happened.

Two days aft Diane's death, Tex, and his then-lawyer met with Atlanta Police Department homicide detectives:

Tex McIver describes for constabulary the infinitesimal helium changeable his wife 03:03

DET. DARRIN SMITH: What bash you retrieve aft the weapon went off?

TEX MCIVER: The fear, the shock.

TEX MCIVER: I instantly called out, I said, "Is everybody alright?" And, Dani Jo said, "Yes." And Diane's caput was benignant of slanted, and she said, uh, "I've been shot."

As detectives acceptable retired to analyse the shooting of Diane McIver, they focused connected their champion witness:

DET. DARRIN SMITH: You ever taken any, like, information classes, oregon thing similar that?

TEX MCIVER: No, I was successful the military. … I don't interest astir a revolver.

And they focused connected their champion portion of evidence.

THE SHOOTING OF DIANE MCIVER

TEX MCIVER [police interview]: Here we are successful an astir caller SUV, and 2 women successful the beforehand spot … And I said, "Yeah. I'd similar to, if you don't mind, delight manus maine my gun."

There is nary uncertainty that Tex McIver pulled the trigger connected the weapon that killed his woman Diane. The question is why?

Bill Rankin: Was helium asleep, arsenic helium said helium was? And helium was jolted awake and pulled the trigger? Or … did helium wanna termination his wife?

Atlanta newsman retraces the nighttime of Diane McIver's death 03:08

Reporter Bill Rankin's "Breakdown" podcast takes a heavy dive into the Shakespearean play surrounding Tex McIver astir the McIver lawsuit for the Atlanta Journal-Constitution and is simply a "48 Hours" advisor connected this case. Using a akin car, Rankin showed "48 Hours" however the slug that killed Diane McIver traveled done the rider spot of Tex's SUV.

"Breakdown" podcast: Holding a loaded handgun, pointing it astatine your wife. Falling asleep. Seems beauteous reckless.

AJC PODCAST: "Breakdown"

Maureen Maher: It hits determination [pointing to the backmost of the beforehand rider seat].

Bill Rankin [sitting successful the backmost close rider seat]: And it goes from close to left, done the seat.

Maureen Maher: And exits retired present -- connected the near side.

Bill Rankin: Right. And goes down -- somewhat downward path, done his wife's body.

The slug went done Diane's near rib cage and diaphragm, severed a vein and artery successful her spleen, and past deed respective organs including her near kidney and stomach.

That night, detectives were anxious to perceive Dani Jo Carter, the car's driver, explicate what Tex did aft helium changeable his wife:

DANI JO CARTER [police interview]: …she started breathing comic and she, you know, benignant of passed out.

DANI JO CARTER [police interview]: All I could deliberation of was Piedmont Hospital and I thought I don't cognize however to -- I don't cognize however to get there; and helium says, no, Emory's closer…

Bill Rankin: Tex decided to spell to Emory University Hospital …

There were 4 hospitals, each astir little than 5 miles from wherever the shooting is believed to person taken place: Emory was the farthest astatine astir 4.3 miles. But 1 of the champion trauma centers successful each of Georgia, Grady, was lone astir 3.2 miles away.

Bill Rankin: Anybody who lives successful Atlanta knows astir Grady Hospital … it's a level 1 trauma center.

Bill Rankin: There were radical who person said that helium went to Emory Hospital due to the fact that it was gonna instrumentality longer and possibly fto her bleed out.

Family person Sheriff Howard Sills, who is not progressive successful the case, says nary way, and explains that Grady conscionable was not connected Tex's radar.

Sheriff Howard Sills: …if you're affluent and you're affluent past you don't wanna spell to Grady Hospital. …because Grady Hospital's wherever indigent radical go. …The radical successful that car that night, they would person thought Emory.

Dramatic surveillance footage shows the SUV arriving astatine Emory's exigency room, and Tex helping Diane into a wheelchair.

Then, earlier surgery, Diane made a captious connection to her doctors: her hubby did not mean to sprout her.

TEX MCIVER [police interview]: She said it was an accident.

But 2 hours later, Diane McIver died connected the operating array astatine 12:49 a.m.

TEX MCIVER [police interview]: If you wanna person the worst feeling successful your life, is to beryllium sitting successful 1 of those waiting rooms, 2 surgeons successful scrubs and a chaplain travel astir the corner, and commencement walking toward you.

Dani Jo Carter: "I was successful determination each by myself and recovered retired my champion person had died" 01:59

Now it was up to detectives to determine, was it genuinely an mishap oregon was it coldblooded murder.

The Smith and Wesson .38 caliber revolver that killed Diane was successful the car's halfway console, wrong a integrative bag, erstwhile it was handed to Tex by Diane.

TEX MCIVER [police interview]: We've had immoderate break-ins astatine our bureau … successful effect to that, I had wrapped my weapon successful a Publix market sack.

Rance Winkler: The weapon was inactive successful the container erstwhile it went off.

Maureen Maher: The weapon was inactive successful the bag?

Rance Winkler: Yeah.

Maureen Maher: The weapon was?

Rance Winkler: …he mighta had his digit connected the trigger.

Law enforcement expert and erstwhile bull Vincent Hill says a feline similar Tex should person known better.

Vincent Hill: The archetypal regularisation of firing a weapon is, don't enactment your digit connected the trigger until you're acceptable to propulsion and you person your people successful sight.

Vincent Hill: Any shooter keeps their digit connected the trigger defender until they're acceptable to propulsion the trigger. …So to aftermath up retired of this sleep, you're startled, your finger's automatically connected the trigger, you propulsion this trigger … And you bash 1 shot, a termination shot. In my mind, it's not likely.

And Hill is not unsocial successful his opinion.

That's wherefore "48 Hours" asked erstwhile Georgia Bureau of Investigation Agent Bert Davis to instrumentality america retired to a weapon scope not acold from Tex's ranch to recognize the gun.

Bert Davis: You cognize the revolver tin beryllium fired 2 ways.

The handgun, which lone shoots 1 slug astatine a time, tin beryllium fired successful 2 precise antithetic ways, "single action" oregon "double action." Either way, it does not look bully for Tex. Because experts accidental this weapon lone goes disconnected if the trigger is pulled.

In azygous action, the shooter pulls backmost the hammer. With the weapon already cocked successful position, it hardly takes immoderate effort to propulsion the trigger to occurrence it.

It lone takes astir 2 pounds of unit to propulsion the trigger, which is wherefore experienced weapon owners accidental you lone cock this weapon if you cognize you are astir to usage it.

Gun adept explains however Tex McIver could person accidentally changeable his wife 02:06

Bert Davis: No 1 that I cognize of would -- would beryllium determination -- with a weapon successful azygous action.

A double-action is simply a antithetic story. In double-action, you propulsion the trigger and the weapon automatically pulls the hammer back, rotates the cylinder and fires. But it's not easy, due to the fact that it takes astir 12 pounds of unit to really propulsion the trigger, making it overmuch harder to occurrence it accidentally.

Bert Davis: It would beryllium difficult.

Maureen Maher: But not impossible.

Bert Davis: But not impossible.

But somehow, that gun was fired and, to this day, Tex tin not reply this question:

Maureen Maher: Was the weapon successful single-action oregon double-action?

Bruce Harvey: Good question.

Maureen Maher: Do you person an answer?

Bruce Harvey: Do I person an answer? Why bash I person to reply these? Why does Tex McIver person to reply anything?

Tex's lawyer, Bruce Harvey, is 1 of Atlanta's astir palmy and sought-after defence attorneys.

Maureen Maher: What is your situation with this gun?

Bruce Harvey: Well, I deliberation you conscionable enactment your digit connected it, nary pun intended. …clearly, a trigger was pulled, right? … The question is … was that a voluntary, knowing and intentional enactment oregon an involuntary enactment based upon an accident?

But Tex was intelligibly nary alien to guns. Out astatine the ranch, helium had what galore would see an arsenal of weapons. After Diane's death, Tex asked his buddy Sheriff Sills to spell retired to his ranch and cod his guns for safekeeping.

Maureen Maher: You cleared retired however galore guns?

Sheriff Howard Sills: As I callback it was astir 35 guns.

Including rifles, handguns, and AR-15s.

Maureen Maher: Would you picture him … arsenic a weapon guy?

Sheriff Howard Sills: Yes and no. …Here successful the South -- everybody's got a lotta guns.

But the thought that Tex McIver should person known amended was astir to go a cardinal and recurring taxable for the 75-year-old lawyer.

Maureen Maher: it gets truly crazy.

Bill Rankin: I deliberation we've called it a textbook illustration of what not to bash aft you termination your wife.

HIS OWN WORST ENEMY?

"Breakdown" podcast: Bruce Harvey is 1 of the astir distinctive members of the Atlanta defence bar. He's worn a braided pony process down his backmost for decades.

Bruce Harvey was not Tex McIver's archetypal attorney.

Maureen Maher: How did you archetypal perceive astir it?

Bruce Harvey: It was each implicit the media.

Maureen Maher: Were you surprised?

Bruce Harvey: Greatly surprised.

Maureen Maher: Yeah.

Bruce Harvey: I'm amazed to this day.

Harvey, who knew Tex done communal friends, says helium watched the quality sum for astir a year, portion McIver made a messiness of the lawsuit and his reputation.

Bruce Harvey: A implicit ongoing disaster. Mismanaged from time one. …I think, resulting successful the crushed that we're sitting present to commencement with.

It started close aft the shooting -- Atlanta's media instantly began clamoring for an reply to wherefore connected world Tex had been sitting close down his woman successful his SUV, with his digit connected the trigger of a loaded gun.

Four days aft the shooting, Tex had an mentation successful a connection made done a spokesman.

Bill Rankin | Atlanta Journal-Constitution reporter: He said that … Tex told him that helium asked for the weapon due to the fact that they were either stateless people, carjackers oregon Black Lives Matter protesters.

That gave Tex an aerial of being rich, achromatic and oblivious -- igniting a real-life "Bonfire of the Vanities."

Bill Rankin: Why would you equate Black Lives Matter protestors with carjackers? …Why would you inject contention into this? …That enactment the communicative into a full 'nother realm. And it went nationalist due to the fact that of that.

Vincent Hill: …you person this precise rich, precise almighty achromatic guy, and a metropolis that's predominantly black. …I deliberation that's wherefore this lawsuit is truthful appealing to the public.

As a nonmigratory of Atlanta and erstwhile patrol officer, Vincent Hill believes that contention has played a rotation successful this case, but lone successful the tribunal of nationalist opinion.

Vincent Hill: It reminds maine of 1994 and O.J. Simpson. Everything was achromatic and white. And we're backmost successful that situation now.

Vincent Hill: You person 1 demographic that wants to spot him spell down, and you person 1 demographic that doesn't wanna spot thing hap to Tex.

Tex's lawyer astatine the clip publically denied that his lawsuit ever said helium was acrophobic of achromatic protesters. But the harm was done and things were astir to get adjacent worse.

NEWS REPORT: CBS 46 has an exclusive look tonight, astatine the diamonds, the furs and the decorator bags astir to spell connected auction.

Bill Rankin: This was beauteous stunning.

Just 2 months aft shooting his wife, Tex started selling disconnected Diane's extended postulation of invaluable belongings. Her astir costly jewelry, fur coats, and handbags would spell to the highest bidders astatine an auction.

Maureen Maher: I recognize it was advertised arsenic her stuff, to bring successful much … buyers.

Bill Rankin: And it wasn't conscionable 1 auction. …It looked similar a Nordstrom section store, if not better.

The District Attorney's Office filed motions to artifact the sales, but a justice denied their requests. And arsenic the executor of Diane's estate, Tex said helium had nary choice.

Maureen Maher: Why?

Bill Rankin: According to Tex, helium said that successful her volition Diane had near a batch of wealth to immoderate of her employees and immoderate of her friends. So helium needed that wealth to wage them

Bruce Harvey: Now each that wealth went into the property and not to him.

But timing successful this case, was everything.

CBS 46 REPORT: Tex has travel nether occurrence for holding the 2 income portion inactive astatine the halfway of the homicide case.

Bruce Harvey: Should it person gone guardant astatine that time? Could it person waited? The reply intelligibly is yes. And it's somethin' we conscionable person to woody with.

At slightest Tex inactive had Dani Jo Carter.

DANI JO CARTER [police interview]: It was a horrible accident.

DET. DARRIN SMITH: And that's it.

Carter was his champion witnesser -- the lone different idiosyncratic successful the car erstwhile the weapon went off. The nighttime of the shooting, she told detectives, successful nary uncertain terms, she believed Diane's decease was an accident:

DANI JO CARTER [police interview]: There is not a uncertainty successful my caput that it was wholly 1 of the astir horrible accidents.

But connected Feb. 2, 2017, a small implicit 4 months aft the shooting, Dani Jo Carter changed her story:

DANI JO CARTER [Feb. constabulary interview]: He's not been bully to me, and tried to manipulate me.

In a 2nd interrogation with investigators, conducted wrong of Tex's SUV, Carter alleged that connected the nighttime of the shooting, Tex told her to lie:

DANI JO CARTER [Feb. constabulary interview]: …he tried to get maine to lie, supposedly to support maine from gettin' each wrapped up successful this.

Bill Rankin: Dani Jo … said Tex walked up to her and said, "Why don't you conscionable archer constabulary you weren't successful the car?"

Bruce Harvey: There's nary question she was successful the car. There's nary question she was driving it. …there's videotape … astatine Emory Hospital.

Bruce Harvey concedes that it is imaginable Tex was conscionable trying to support his friend.

Bruce Harvey: Dani Jo astatine that peculiar clip was being hounded by the media. …And I deliberation a batch of this effort was to effort to -- let her to debar the media crunch -- not designed for her not to speech to the constabulary oregon not to springiness a peculiar connection …

Maureen Maher: But determination was nary media yet astatine the hospital.

Bruce Harvey: Well, determination -- determination was going to be.

Maureen Maher: Are you saying that … Tex whitethorn person told her to archer the cops she wasn't successful the car truthful that radical would halt hounding her?

Bruce Harvey: Yes.

Maureen Maher: So, Tex whitethorn person told her that.

Bruce Harvey: If helium did.

But determination is nary denying this: days aft the shooting, Tex orchestrated a gathering with his lawyers and 2 reporters, wherever Carter was to marque a ineligible and nationalist connection that the shooting was an accident. When she was a no-show and stopped taking his calls, Tex near this frantic voicemail for her husband:

TEX MCIVER [voicemail]: "Let maine conscionable beryllium plain. Dani's astir to nonstop maine to prison. Please erase this voicemail connection but telephone maine close away. Y'all person nary thought the occupation this is causing. It's innocent, but it's perfectly atomic for me."

Maureen Maher: What does that mean?

Bruce Harvey: What does it mean? I think--it's astir self-explanatory.

Maureen Maher: But it doesn't dependable bully erstwhile helium says, "Please erase this voicemail connection but telephone maine close away."

Maureen Maher: So what --

Bruce Harvey: And wh -- when—

Maureen Maher: --what does helium mean by that?

Bruce Harvey: -- we examine—w -- well, we don't person to explicate what helium -- helium means. They person to explicate wherefore it is simply a transgression for him to bash that oregon however it relates.

Bruce Harvey was inactive watching from the sidelines when, connected Dec. 20, 2016, Tex got immoderate bully news. The Atlanta Police Department concluded the shooting was not an intentional act. Based connected their findings, the Fulton County territory lawyer charged Tex with involuntary manslaughter and reckless conduct.

CBS 46 REPORT: After spending his day down bars, Tex McIver bonds retired of jail, conscionable earlier Christmas weekend.

But with the lawsuit present successful the hands of the District Attorney's Office, they decided to motorboat their ain probe into the shooting.

Bill Rankin: There was a enslaved proceeding wherever the pb prosecutor, Clint Rucker, powerfully hinted that they didn't judge it was accidental. …That made everyone think, "Whoa, OK. This is gettin' adjacent much superior now."

TROUBLE FOR TEX

A small implicit a week aft Tex McIver was charged with involuntary manslaughter, determination was more breaking quality successful this case.

CBS News' Atlanta affiliate, CBS 46, uncovered grounds that astatine the clip of Diane's death, Tex owed his woman $350,000.

CBS 46 REPORT: He was expected to wage her backmost with interest, by December of 2014. That ne'er happened.

Tex said that the wealth was Diane's publication to the operation of that saloon connected his ranch, and that for taxation purposes she wanted it to look similar a loan.

Rance Winkler: …there was $350,000 … but it wasn't ever really gonna beryllium paid backmost by him.

Linda Winkler: The $350,000 was a relation of thing much than taxes.

But connected paper, it does look similar a indebtedness -- and 1 that Tex was expected to wage back.

Bill Rankin: That could beryllium argued that helium didn't wanna person to wage that off.

Meanwhile, The Fulton County D.A.'s Office was looking for a imaginable motive for execution erstwhile they heard that Diane whitethorn person had a 2nd will. Subpoenas were obtained to hunt the couple's fiscal records, and that's erstwhile past this happened: during a hunt of their condo, Tex was recovered to beryllium violating the presumption of his bond, with, of each things, possession of a gun.

Bill Rankin: …they recovered a weapon successful his sock drawer that helium astir apt went to each the clip erstwhile helium was getting dressed. And … they recovered ammunition successful the drawer close supra it.

Tex insisted that the condo had already been searched for and cleared of immoderate weapons, truthful the Glock pistol, which helium claimed had erstwhile belonged to Diane, indispensable person been planted. But the justice didn't bargain it:

Fulton County Chief Judge Robert McBurney: Mr. McIver possessed the gun. I americium going to revoke Mr. McIver's bond.

After 4 months retired connected bond, Tex was backmost down bars erstwhile the precise adjacent time determination was yet different stunning announcement by the D.A.'s office.

A expansive assemblage that had been proceeding grounds for weeks concluded determination was capable grounds to complaint Tex McIver with the execution of his wife.

Bill Rankin: It was astonishing … that it leapt truthful acold from an mishap to cold, cruel, intentional killing.

Tex would walk past adjacent 8 months successful jail, seeing loved ones lone done video surface visitations and desperately trying to get retired connected enslaved again.

TEX MCIVER [video sojourn with Austin and Anne Schwall]: Well, I emotion y'all and I anticipation to spot you Wednesday, if things enactment out. I emotion you Austin.

Then, Bruce Harvey took implicit the case.

Bruce Harvey: I don't believe, I don't judge successful my bosom of hearts, I don't judge arsenic we are sitting present -- that Tex McIver had immoderate deliberate intent to bash immoderate harm to his wife.

Harvey got Tex released and enactment connected location arrest. Then, helium acceptable astir preparing for proceedings connected a lawsuit wherever determination had been 1 nationalist blunder aft another.

Maureen Maher: Are you acrophobic astir being capable to spot an impartial jury?

Bruce Harvey: Yes. I am. …I deliberation … Tex has been -- unfairly vilified successful the tribunal of nationalist opinion.

Jury enactment successful the proceedings of Tex McIver began connected March 5, 2018, and took a full week.

When the proceedings began, Chief Senior Assistant District Attorney Seleta Griffin delivered the State's opening argument:

Prosecutor Seleta Griffin: …the time the suspect changeable his woman successful the back, his beingness was spinning retired of control.

And what became reasonably wide is that the prosecution believes Tex McIver's motive for execution was money.

Prosecutor Seleta Griffin: The easiest mode for him to summation power was to termination Diane.

Maureen Maher: Is wealth a motive here?

Bruce Harvey: No. Very elemental answer. …He … is … overmuch worse disconnected without her. …I deliberation that is simply a immense reddish herring. You cognize why? Because they've got thing else.

Prosecutor Seleta Griffin: This is simply a lawsuit astir maintaining an representation of wealthiness and powerfulness that the suspect created for himself. And the lengths that helium went done to support it.

THE TRIAL OF TEX MCIVER

"Breakdown" podcast: What if Tex didn't mean to bash it. Or what if Tex did mean to bash it but the prosecution fails to beryllium it.

Testimony successful the execution proceedings of Tex McIver began connected March 13, 2018, and lasted 20 days. By closing arguments, the assemblage had heard 2 precise antithetic theories of wherefore helium changeable his wife.

Prosecutor Clint Rucker: I'm gonna speech to you astir the facts.

Prosecutor Clint Rucker and his squad painted an disfigured representation of a antheral who they accidental was broke and truthful hopeless for wealth that helium murdered his wife.

Prosecutor Clint Rucker: He was takin' her wealth and helium was regaining control…

Evidence showed that Tex's wage astatine his instrumentality steadfast had been chopped by much than half, portion the authorities says helium was surviving mode beyond his means. And remember, the McIver's kept their finances separate.

Prosecutor Clint Rucker : Remember this email? … This is simply a mates months earlier the murder. This is what the suspect says to his wife: "I americium earnestly tryin' to trim my monthly expenses." Why? 'Cause his monthly expenses astatine the ranch unsocial were $20,000 to $25,000 a month. … What does helium say? "I program connected hittin' the lotto sometime this week."

Diane joked that Tex mightiness privation to deliberation astir becoming their caller ranch hand.

Prosecutor Clint Rucker: "Read his occupation statement due to the fact that that is your adjacent beingness chapter." …This is what helium said successful response. "Oh, well, backmost to gigoloing."

The authorities believes that Tex was utilizing Diane for her money, but what drove him to execution is this: earlier they were married, Tex borrowed $750,000 from Diane. As payment, the prosecutors accidental helium deeded her fractional of his ranch.

Prosecutor Clint Rucker: What that meant was that now, the spot was nary longer owned solely by the defendant.

In 2011, Diane loaned Tex different $350,000, but this clip she made Tex motion a promissory enactment that gave her the close to foreclose connected the ranch if helium didn't wage up.

Prosecutor Clint Rucker: So erstwhile the indebtedness didn't get paid … She said … "I'm ah enactment different clause successful present that says, you cognize what, it's not that I don't person to hold until you can't wage me, I tin foreclose astatine immoderate time." …And arsenic we beryllium present today, the indebtedness is successful default.

ADA Cara Convery: By killin' Diane, the suspect volition regain sole ownership of the ranch.

The assemblage heard Dani Jo's Carter's assertion that Tex asked her to lie. They besides heard astir the Black Lives Matter connection and the auctions. But determination was much -- what Tex did with Diane's ashes aft she was cremated.

Prosecutor Clint Rucker: Took him 42 days to prime up his wife's remains. Look, and that's wherever I recovered 'em. …tucked backmost successful a closet. ….It's conscionable not right.

But the defence squad told a precise antithetic communicative -- a emotion story.

Don Samuels | Defense attorney: They were successful love. …Nobody ever saw arguing. Nobody ever heard her say, "I wanna foreclose if you don't wage maine my -- wage maine my money."

Bruce Harvey and the defence squad tried to amusement that Tex didn't request Diane's money.

Bruce Harvey | Lead defence attorney: Tex was not broke nor was helium successful dire fiscal straits. The state's calculation -- the state's calculation puts Tex's nett worthy astatine $1.7 cardinal earlier Diane dies.

But what the defence tried hardest to hammer location was that the shooting was thing but an accident. And remember, that's what Diane said earlier she died.

Bruce Harvey: The 3 radical that were successful the conveyance each said, "It was an accident."

And arsenic for the gun:

Bruce Harvey: All the experts volition hold that … cipher tin archer whether the firearm was successful single-action … and … Everybody said to you, "I can't archer you whether it was intentional oregon unintentional."

Bruce Harvey: Remember the expert?

Harvey utilized the state's ain weapon adept to amusement that anyone tin occurrence the weapon accidentally.

Bruce Harvey: Remember helium was demonstrating -- the limb and pulling the trigger, erstwhile helium testified close here.

Zachary Weitzel | Georgia Bureau of Investigation: Because you announcement the trigger [trigger clicks] …. Oops.

Bruce Harvey: "Oops." He's demonstrating it for you connected the witnesser stand. He accidentally pulls the trigger. He says, "Oops."

The shooting could not person been premeditated says the defense, due to the fact that it was Diane who told Carter to instrumentality that exit erstwhile they deed traffic. And aft Tex was handed his gun, helium fell backmost asleep.

The defence besides presented an adept who said Tex suffered from a agelong documented slumber disorder, which mightiness explicate wherefore helium unintentionally pulled the trigger, and can't retrieve how.

Dr. David Rye | Sleep expert: Oftentimes, erstwhile radical arouse from these, they don't arouse rapidly … and they often person amnesia for this.

As the lawsuit was astir to spell to the jury, the defence suggested that the authorities had not proven its lawsuit beyond a tenable doubt.

Bruce Harvey: We bash not convict radical … in fogs of speculation but connected the bedrock of fact.

And connected behalf of the state, Clint Rucker pleaded with the assemblage to punish Diane McIver's killer.

Prosecutor Clint Rucker: Diane tried to basal up for herself … Who volition basal for Diane McIver? A large woman, she tried to be. …Will you basal … for Diane McIver? As she cries out, "Who volition basal for me?"

The assemblage deliberated for astir 29 hours. At 1 point, each sat successful the backmost rider spot of McIver's SUV, holding the weapon that killed Diane.

Bill Rankin: Some of the jurors were really clicking the trigger. …So I deliberation it could've made a immense quality successful the result of this trial

On their 4th afloat time of deliberations, the assemblage sent a enactment to the justice saying they were deadlocked.

Fulton County Chief Judge Robert McBurney [reading enactment from jury]: "We don't spot a way to flooded our differences…"

But the justice told them to effort again. Then, conscionable 2 hours later, they reached a verdict.

Was it malice murder? Meaning Tex intended to termination Diane; Felony murder? Meaning Tex changeable Diane with the volition of causing her bodily harm, but had not intended to termination her; Felony involuntary manslaughter? Meaning helium acted recklessly -- or not guilty?

Verdict: On the number of malice murder, we find the suspect not guilty.

Bill Rankin | Atlanta Journal-Constitution reporter: When they said, "Not blameworthy connected malice murder," I was like, "Oh, my goodness."

But then, they said this: "We find the suspect blameworthy of felony murder…"

Tex McIver: Did his grief exposure his guilt?

Guilty of felony execution -- Tex was intelligibly stunned. The assemblage felt that helium changeable Diane without malice aforethought, but intending to bash bodily harm.

Bill Rankin: It mightiness person been a compromise for the jury. It's nary compromise for Tex McIver, due to the fact that -- malice execution and felony execution some transportation a beingness sentence.

A mandatory beingness sentence.

Bruce Harvey: …it's -- it's a implicit tragedy. I mean, that closes the circle. Everybody loses.

Tex McIver handed implicit his loop and was handcuffed.

Fulton County D.A. Paul Howard: We would similar to accidental to Diane we anticipation that you are watching and we anticipation that you felt that we stood for you, and we stood for the things that you represented.

Tex McIver: Given these shackles if you don't caput I would similar to sit.

At his sentencing hearing, Tex spoke straight to Diane.

Tex McIver: I cognize she's here. I consciousness her beingness successful speaking these words … 'darling you person brought maine much joyousness and fulfillment than fewer men connected this world person ever known.

But it's what helium didn't*say that stood out.

Judge McBurney: I didn't ever perceive you accidental you're atrocious for what you did. To maine that soundlessness speaks volumes.

Prosecutors accidental this is justness for Diane. Tex McIver's supporters disagree.

Anne Schwall: She didn't request justness erstwhile it's a unspeakable accident. … she's successful eden close now, conscionable heartbroken.

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