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Thread: Claude Tex McIver shot and killed his wife, Diana, and blamed Black Lives Matter protestors for frightening him

  1. #51
    Moderator raisedbywolves's Avatar
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    https://www.ajc.com/news/crime--law/...O8X1Z6jAgkrjI/

    Judge drops 2 of 7 charges against McIver


    Count 6 and Count 7 have been dismissed by the judge in response to a motion from defense attorneys yesterday.

    Those counts both pertained to influencing witnesses and involved McIver’s former public relations consultant Bill Crane and the driver and sole eyewitness on the night of the shooting, Dani Jo Carter.

    Those conversations and voicemails may have been uncomfortable for Crane and Carter, but they weren't criminal, Judge Robert McBurney ruled.

    One more charge of influencing a witness remains in place. Count 5 concerns a conversation Tex McIver and Dani Jo Carter had inside the Emory University Hospital in the hours after the shooting. He advised her to tell police she had just arrived at the hospital as a family friend, and to not tell them she had been driving when the shot was fired.

  2. #52
    Moderator raisedbywolves's Avatar
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    https://www.ajc.com/news/crime--law/...FJsD6CgTcFBoM/

    Defense rests in Tex McIver murder trial; McIver won’t testify


    The prosecution expects to call three rebuttal witnesses on Monday and the jury will pay a visit to the McIvers’ SUV to get a firsthand look at the scene of the crime.

    3:51 p.m.

    Jury Charge

    Lawyers and the judge are working their way through the jury charge — or the directions the judge will give jurors before they deliberate.

    They are deep in the legal weeds but these instructions are important in guiding the jury through their work.

    Among the highlights, even if the jury doesn’t find McIver guilty of intentional murder they may find him guilty of lesser charges such as involuntary manslaughter.

  3. #53
    Moderator raisedbywolves's Avatar
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    https://www.ajc.com/news/tex-mciver-...QuwZmY3ePIKsJ/

    Sleep expert: Tex McIver’s behavior suggests he was awake when gun fired


    Dr. Pressman is raising questions about whether McIver’s behavior in the SUV the night of the shooting could be linked to a sleep disorder.

    “Based on what you have reviewed, was the defendant’s behavior consistent with someone suffering from REM behavioral disorder?” Fulton County Assistant District Attorney Adam Abbate asked.

    “No,” Pressman replied.

    “Was the behavior consistent with someone suffering from confusional arousal?” Abbate asked.

    “No,” Pressman said.

    “Was the (defendant’s) behavior consistent with someone who was awake when the gun was fired on Sept. 25, 2016?” Abbate asked.

    “Yes,” Pressman said.

    Clark Palmer asks Pressman about the sleep study McIver at Emory in January. As part of that, McIver was asked to take several naps to gauge how easily he fell asleep. In one nap, she says, he fell asleep in two minutes. She asks Pressman if that is fast.

    Pressman says he doesn’t think that is particularly fast. He volunteers that it’s more unusual that in three of the nap opportunities McIver didn’t fall asleep at all. That’s in part because of his age, Pressman says.

    Clark Palmer also asks about whether it was possible that McIver fell back asleep after becoming alarmed exiting the interstate the night of the shooting. This is when McIver asked his wife and Dani Jo Carter for his gun and told police he was so concerned his “hair stood up.”

    “Based on current sleep science, I believe he did not fall back asleep,” Pressman said.
    The jury has some questions for Pressman.

    One asks Pressman why he thought it was impossible for McIver to have fallen asleep again in the SUV after obtaining his Revolver from the console.

    “It’s just what we know about the relationship of stress, anxiety and fear. He asked for the gun because he felt danger,” Pressman said.

    “He became so fearful that he had biological signs of it, his hair stood up on end,” he continued.

    “You can’t be extremely fearful and relaxed enough to fall asleep within moments,” Pressman said.

  4. #54
    Certified Grumple Bottoms Ron_NYC's Avatar
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    Quote Originally Posted by raisedbywolves View Post
    https://www.ajc.com/news/tex-mciver-...QuwZmY3ePIKsJ/

    Sleep expert: Tex McIver’s behavior suggests he was awake when gun fired
    More breaking news: Water is wet.
    Quote Originally Posted by bowieluva View Post
    Ron was the best part, hands down.

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  6. #56
    Moderator raisedbywolves's Avatar
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    https://www.ajc.com/news/crime--law/...8FASK829mdSSO/

    Jurors in the Tex McIver murder trial are deliberating for a third day and taking a second look inside the SUV where Claud “Tex” McIver shot his wife.

    The 12-person panel had asked late Wednesday to see the Ford Expedition. And they wanted to be able to hold the defendant’s .38 revolver while they sat in the rear passenger seat. Judge Robert McBurney agreed to allow it but first had to enter the vehicle into evidence.

    “You’re just doing the work the state failed to do,” said defense co-counsel Bruce Harvey, who objected emphatically to the decision.

  7. #57
    Senior Member bermstalker's Avatar
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    Quote Originally Posted by raisedbywolves View Post
    That's what happens when you get a jury of 12 who watch way too much ID channel.

  8. #58
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    Color me surprised, but he was found guilty of murdering her.

  9. #59
    Moderator raisedbywolves's Avatar
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    Quote Originally Posted by AtlantaAndy View Post
    Color me surprised, but he was found guilty of murdering her.
    Wow, I'm surprised too, especially with how long the jury has been deliberating!

    https://www.ajc.com/news/breaking-te...AVfFRMWLlHXKI/

    Atlanta attorney Claud “Tex” McIver was found guilty of felony murder, ending a tragic saga that began with the fatal shooting of his wife, Diane, in September 2016.

    The jury acquitted McIver of malice murder, which implied it was intentional. But the prominent Atlanta attorney was found guilty of the lesser charges, including aggravated assault and witness influencing.

    McIver showed no emotion as the verdict was read. He took off his belt, gave it to one of his attorneys then placed his hands behind his back to be handcuffed.
    Felony murder carries a mandatory sentence of life in prison.

    Sentencing will come at a later date.

  10. #60
    Senior Member DiaDeLosMuertos's Avatar
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    Wow! Yet another case I had heard nothing about. It was interesting reading the crime, case, etc all the way to verdict in minutes. I am glad they found him guilty. I was worried a couple pages ago.
    Jenn

  11. #61
    Senior Member blighted star's Avatar
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    https://www.wsbtv.com/www.wsbtv.com/...ce=taboolafeed




    Sole witness to deadly shooting says Tex McIver 'needs to be in hell
    '
    By: Mark Winne

    Updated: Jun 19, 2018 - 11:12 PM


    ATLANTA - The only person to witness the shooting that killed Diane McIver sat down with Channel 2 Action News.

    Dani Jo Carter was driving the SUV in 2016 when Buckhead attorney Tex McIver shot his wife Diane McIver, who was sitting in the front passenger seat.

    Tex McIver was later found guilty of murder and sentenced to life in prison.



    On Tuesday, Carter, who has known Diane McIver for decades, talked with Channel 2?s Mark Winne about the moment she learned Tex McIver would likely spend the rest of his life in jail.


    "I prayed. I prayed about this. I pray that God?s will be done, and, I?ve had to pray a lot for myself because it?s just been so, so difficult. The dark places I?ve been where I, where I, just didn?t want to be here anymore," Carter said.

    Carter said she at first believed Tex McIver's claim the shooting was an accident, but the more she learned, the more her opinion evolved.

    "I mean, he tried to get me to lie. He got charged with that," Carter said.

    By the end of the trial, Carter said she believed the verdict of guilty was accurate and said she wanted Tex McIver to go to prison for life.

    "He certainly doesn't need to be out. I think he needs to be in Hell," Carter said.

    Carter said the pain of losing her best friend has now been compounded since she has been named along with Tex McIver as co-defendants in a wrongful death lawsuit.

    "I could finally see a light at the end of the tunnel after the sentencing, and when I found out about the lawsuit, I was just totally blindsided," Carter said.

    Added Lee Davis, Carter's attorney: "When I found out they were suing her alongside Tex McIver, it was a difficult phone call to have especially knowing what I know about civil law."

    Carter told Channel 2 Action News she did not do anything to contribute to Diane McIver's wrongful death.

    "Anybody that knows me and knows the two of us knows that I would never have done anything like that," Carter said. "I did not do anything wrong."

    Carter said she had shot guns with Tex McIver a lot, even though he said guns "were not his thing."

    "Oh, that's ridiculous," Carter said. "He could take a water bottle and throw it up and shoot it," Carter said.

    Tuesday, Tex McIver's attorney, Bruce Harvey, told Channel 2 Action News, "Feelings can change. The facts don't change, and the facts do not support that Tex McIver intentionally killed his wife."

    Weeks ago, a lawyer who told us she brought the wrongful death suit on behalf of Diane McIver's estate said Carter was driving the McIvers' SUV with their permission and was consequently covered by their insurance.



  12. #62
    Moderator raisedbywolves's Avatar
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    https://www.fox5atlanta.com/news/man...viction-tossed

    Man who shot his wife in SUV wants murder conviction tossed

    Lawyers for a man convicted of murder for fatally shooting his wife as they rode in an SUV in Atlanta say he did not have a fair trial and are asking Georgia’s highest court to overturn his conviction.

    Claud "Tex" McIver, 79, is serving a life sentence after being convicted of felony murder and other charges in the 2016 shooting of his wife, 64-year-old Diane McIver.

    There was never any dispute that McIver shot his wife — the question at trial was whether he meant to. Prosecutors said he was driven to kill her because he coveted his wife’s money. Defense attorneys said that was nonsense, that McIver loved his wife dearly and her death was a terrible accident.

    McIver was convicted in April 2018 of charges including felony murder and aggravated assault. The Georgia Supreme Court is set to hear oral arguments Wednesday on his appeal of his convictions.
    In their appeal, McIver’s attorneys have argued that Fulton County Superior Court Chief Judge Robert McBurney made multiple mistakes during the trial, and the conviction should be reversed.

    McBurney was wrong when he refused to tell the jury they could find McIver guilty of misdemeanor involuntary manslaughter based on evidence at trial, McIver’s lawyers argue in a brief submitted to the high court. Georgia law says that if evidence exists that a defendant committed a lesser crime, the jury should be given that option, they wrote. Misdemeanor involuntary manslaughter is when someone engages in lawful behavior in an unlawful way that unintentionally causes a death.

    Prosecutors argue that McBurney was correct in his instructions to the jury. There was no basis for a misdemeanor involuntary manslaughter charge because no evidence showed that McIver was acting lawfully when the gun fired and his handling of the gun amounted to reckless conduct, they wrote. Furthermore, state lawyers argue, the jury ultimately convicted McIver of aggravated assault and felony murder rather than felony involuntary manslaughter, and it’s unlikely that the court’s decision not to include a misdemeanor involuntary manslaughter charge affected the verdict.

    It was also improper for McBurney to allow the jurors during their deliberations to examine the McIvers’ SUV and experiment with possible angles of the gunshot, McIver’s lawyers wrote.

    The state has countered that jurors had already been allowed to see the SUV during the trial and no new evidence was admitted during that second viewing.

    When jurors sent a note indicating they were at an impasse, the judge was wrong not to tell them not to sacrifice a firmly held belief and that a hung jury was permissible when he instructed them to keep deliberating, McIver’s lawyers argue. But prosecutors argue that McBurney properly exercised his discretion in giving the instruction and that McIver’s lawyers have not shown that the verdict was the result of coercion.

    McBurney should not have allowed prosecutors to needlessly introduce speculative but baseless theories for a motive for McIver to kill his wife, as well as suggestions of racial bias, his lawyers argue. That evidence served only to prejudice the jury against McIver, they wrote.

    State lawyers argue that the financial evidence was necessary to show his motive and intent and the references to Black Lives Matter was one of multiple conflicting stories McIver gave about why he asked for his gun.

  13. #63
    Moderator raisedbywolves's Avatar
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    https://www.ajc.com/news/crime/georg...GQL7JNVXDKEJA/

    Tex McIver murder conviction overturned

    The Georgia Supreme Court on Thursday granted a new trial for Claud ?Tex? McIver, the Atlanta lawyer who had been convicted of his wife?s murder.

    In a unanimous ruling, the state high court ruled that jurors should have been allowed to consider a misdemeanor involuntary manslaughter charge, not only a murder charge, for the fatal shooting. This would have given jurors the opportunity to decide whether McIver was criminally negligent when he fired the fatal shot, not only whether he intentionally killed his wife, Diane McIver.

    Justice Michael Boggs, writing for the court, said it was particularly important for the jury to have that option because the evidence of McIver?s guilt ?was not overwhelming or even strong.?

    ?Indeed,? Boggs wrote, ?the state?s evidence of intent was weak, as no witness testified to any disagreement or quarrel between McIver and Diane, and many witnesses testified that they were very much in love.?

    Moreover, the state?s evidence, which sought to show McIver had a financial motive to kill his wife, ?was thin,? Boggs said.

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