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Case update: Tex McIver won his entreaty for a caller trial successful 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.
Lauren A. White is simply a "48 Hours" subordinate producer. She watched each time of the Tex McIver execution proceedings for the episode, "The Last Ride Home." Watch the occurrence online.
Tex McIver called his wife, Diane, the emotion of his life. But aft shooting her to death, helium seemed astir acrophobic astir her wealth and his future. Are these the actions of a grieving hubby oregon a cold-blooded killer?
In the lawsuit of Tex McIver, determination is simply a batch we bash not know. The biggest question is whether helium intentionally changeable his wife, Diane, successful the backmost portion their person drove them home. Tex says it was a horrible accident. The Fulton County District Attorney's Office says it was murder. Just past week, a assemblage rendered its verdict: guilty of felony murder.
We whitethorn ne'er cognize what was really going done Tex's caput erstwhile helium pulled the trigger. What we bash cognize is that aft Diane's death, Tex did not behave successful a mode that 1 would expect of a hubby successful mourning. Of course, determination is nary "proper" mode to grieve. After losing a loved one, immoderate outcry uncontrollably, portion others look to endure successful silence. Optics, however, are everything. And erstwhile it comes to Tex McIver, the mode helium grieved whitethorn person landed him down bars for the remainder of his life.
The execution proceedings of Claud "Tex" McIver lasted 25 days. During that time, the prosecution called 70 witnesses to the stand. Many of the state's witnesses encountered Tex successful the minutes, hours, and days aft Diane's death. Of those witnesses, lone 1 testified to seeing Tex amusement immoderate signs of sorrow.
Just one.
Witness aft witnesser took to the basal and described interactions that seemed astonishing for a antheral whose woman had conscionable died - particularly a antheral who professed to emotion her and claimed that the shooting was accidental. Many times, the actions earlier the homicide are utilized to beryllium a defendant's guilt. In this case, it's Tex's behaviour aft Diane's decease that was utilized against him.
Dani Jo Carter, Diane's person of 40 years, was driving the mates location erstwhile the weapon went off. After leaving the hospital, Carter took Tex location to his and Diane's Buckhead condo. She sat with him arsenic helium called Diane's friends and colleagues to pass them of her death. Carter testified that she ne'er saw Tex "breakdown."
"He appeared calm," she said connected the stand.
Carter noted that helium did not look to beryllium successful shock.
Less than 48-hours aft Diane died, 2 of her colleagues went to spot Tex astatine the condo and connection their condolences. Both testified to having one-on-one conversations with Tex successful which helium asked them astir his wife's Social Security benefits. As 1 colleague, Jay Grover, testified, Tex said, "I wonderment if I tin cod her checks now."
Later that night, Grover overheard Tex archer idiosyncratic astir a occupation successful Oklahoma that helium was funny in.
The different colleague, Ken Rickert, testified that aft asking him astir getting Diane's Social Security benefits, Tex began complaining astir his wage being chopped astatine the instrumentality steadfast wherever helium worked and the outgo of maintaining his ranch. As Rickert enactment it, "I expected astatine that constituent successful time, helium would archer maine however atrocious helium was and however it was a terrible, tragic accident, and accidental however overmuch helium loved Diane. But I ne'er heard that."
Neither did anyone else, it seems.
Diane McIver
CBS affiliate WGCL
Instead, the assemblage heard however Tex asked Janie Calhoun, his erstwhile woman and neighbor, to catalogue Diane's closet the time aft she died. That aforesaid week, helium talked astir making structural changes to the condo and perchance putting it connected the market. Two days earlier Diane's memorial service, Tex wondered aloud to Diane's adjunct if helium could get Calhoun, a joined woman, back. The assemblage besides heard astir however Tex sold Diane's costly clothes, shoes, hats, purses, and furs successful an property merchantability a small much than 2 months aft her decease and past a period aft that, auctioned disconnected her jewelry to the highest bidder.
And yet, the assemblage besides heard however overmuch Diane and Tex were successful love, that helium ever called her "Darling," and that they ne'er spoke a transverse connection to 1 different successful public. The 1 prosecution witnesser who saw Tex grieve "properly" was Rachel Styles. Styles was a person of the McIvers and coordinated their 2005 wedding. She arrived astatine the condo a fewer hours aft Diane's death.
"I archetypal went to Tex and helium gave maine a hug and was conscionable crying uncontrollably and helium could not talk," Styles recounted connected the stand.
She was truthful disquieted astir Tex that she slept connected the sofa successful the condo for 2 nights.
Another idiosyncratic who slept implicit astatine the condo was Diane and Tex's masseuse, Annie Anderson. The prosecution mentioned Anderson respective times passim their case, but ne'er called connected her to testify. Through the grounds of Styles and Carter, the assemblage heard that Anderson slept successful Tex's bedroom, gave him massages, and stayed with Tex successful the condo and ranch for respective days aft Diane's death.
It wasn't until the defence took the signifier that Anderson was capable to talk for herself. She dispelled immoderate conception of an inappropriate narration with Tex and stated that she slept connected the level of his chamber and that Tex had nightmares. Anderson testified that she did not massage Tex and she stayed with him for a week -- on with overnight visits from her household and Tex's godson -- to show him aft Diane's death.
"We knew we needed to ticker retired for Tex due to the fact that helium had an anxiousness onslaught astatine the hospital," Anderson testified.
To hammer location the point, the defence asked Anderson successful respective antithetic ways if she had ever had a intersexual narration with Tex McIver, to which she responded: "Never." Why was that necessary? Because arsenic defence lawyer Don Samuels enactment it: "What was going connected was a wide effort by the prosecution to assertion and to effort to person this assemblage that they were having enactment and that's wherefore helium killed his wife."
"Never said they had sex," said Chief Assistant District Attorney Clint Rucker during closing arguments. "It conscionable doesn't look close for a antheral who is expected to beryllium grievin' implicit the accidental decease of his wife. Really looks similar helium was gladsome she was gone."
Perhaps nary of it looks right. But does it look similar murder?
A assemblage of his peers indispensable person thought so. Tex McIver's felony execution condemnation carries a mandatory beingness sentence.
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