Latest / Crime Stories with Nancy Grace / Dirty details on marriage after high-profile lawyer Tex McIver's wife shot dead, lead prosecutor reveals

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Dirty details on marriage after high-profile lawyer Tex McIver's wife shot dead, lead prosecutor reveals · Crime Stories with Nancy Grace

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Speaker 1: any name to get started. Crime Stories with Nancy Grace
0:48
Speaker 1: on sirius XM Triumph Channel one thirty two. A high
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Speaker 1: school girl straight A's a hockey star All across Star
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Speaker 1: is found brutally murdered and buried in a shallow grave
1:04
Speaker 1: at a local park, Lincoln Park. Her boyfriend is soon
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Speaker 1: identified and he's convicted of the murder. But now after
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Speaker 1: a high profile podcast called Cereal insists that he's innocent,
1:22
Speaker 1: is he getting a new trial and set to walk
1:25
Speaker 1: To add insult to injury the victim, Little hay hay
1:31
Speaker 1: Lee's family cannot speak English. They and she have no voice. Well,
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Speaker 1: you know what they're getting one, They're getting a voice.
1:42
Speaker 1: We want justice for hay Lee and that means to
1:46
Speaker 1: many court watchers that her killer, add Non Sayed, stays
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Speaker 1: behind bars. Lady Justice, Are you listening A and E
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Speaker 1: tonight Thursday night, eleven p M. Grace versus Abrams, please
2:01
Speaker 1: join us. Tex mgiver admits that he shot his wife
2:08
Speaker 1: Diane as they drove near Piedmont Park. He was accused
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Speaker 1: of murdering his wife last September as they drove home
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Speaker 1: from their Putnam County ranch. He says it was a
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Speaker 1: terrible accident when he was sitting in the back seat
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Speaker 1: of his suv holding a pistol. Ships absolutely was an accident.
2:21
Speaker 1: Perhaps the best proof for that is me, I am
2:23
Speaker 1: dying a little bit every day. The longtime friending confident
2:26
Speaker 1: of miss mcgiver says she's certain that textmdiver had fallen
2:29
Speaker 1: asleep and was asleep while holding his weapon. He had
2:32
Speaker 1: asked Diane for it because he was concerned about them
2:35
Speaker 1: driving down a street where homeless people were hanging out.
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Speaker 1: He says it went off and shot his wife Diane
2:40
Speaker 1: in the back. High profile and incredibly wealthy attorney guilty
2:47
Speaker 1: and the shooting death of his gorgeous, much younger and
2:52
Speaker 1: extremely well to do wife. He claimed it was all
2:56
Speaker 1: an accident. But how can you shoot somebody in the
2:59
Speaker 1: back and that be an accident. Well, it's a long,
3:03
Speaker 1: long story. This is crime stories. I'm Nancy Grace. Thank
3:07
Speaker 1: you for being with me and with me the man
3:10
Speaker 1: who managed to secure that guilty verdict. Yes, it was
3:14
Speaker 1: a jury decision, but the lead prosecutor from the Atlanta
3:18
Speaker 1: District Attorney's office is with me right now. My former
3:21
Speaker 1: trial partner, Clint Ruckert. Clint, I gotta tell you somethingbody.
3:26
Speaker 1: When I first heard the charges, I was very concerned.
3:31
Speaker 1: And this is what bothered me. Guys were talking about
3:33
Speaker 1: text Mchiver and his wife, Diane. She was the one
3:37
Speaker 1: who worked her way up the ranks of a national
3:40
Speaker 1: business Corey limousine. She was the one with the money,
3:44
Speaker 1: although he was the high profile lawyer. They were out
3:48
Speaker 1: that night with a family friend. The husband in the
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Speaker 1: back seat. He was holding a gun in his hand.
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Speaker 1: He says, he dozed off and boop, he pulled the
3:59
Speaker 1: trigger and shot in the back. Take a listen to
4:02
Speaker 1: this and as I learned in the Scouts that's your
4:04
Speaker 1: obligation to protect people around and that's what I was
4:07
Speaker 1: doing that night. That's what I've done other times. And
4:11
Speaker 1: sometimes that's a weapon, sometimes it's martial arts, it's whatever
4:15
Speaker 1: we we need. But guns are not my thing. Danny
4:20
Speaker 1: Joe came to a stop and anyway this time and weak,
4:30
Speaker 1: but she came to a stop and I was handling
4:35
Speaker 1: the gun. I realized he was in my lap, right, Okay?
4:40
Speaker 1: Was that an accident or was it murder? This is
4:43
Speaker 1: what bothered me, Clint. What bothered me is this that
4:48
Speaker 1: when the wife, Diane McIvor, goes to the hospital, they
4:52
Speaker 1: say what happened? She said it was an accident, Clint,
4:57
Speaker 1: how did you get around accident? Which is a complete defense. Well,
5:02
Speaker 1: first of all, Nancy, let me tell you um, I
5:06
Speaker 1: miss you, and thank you so much for giving me
5:09
Speaker 1: the opportunity to uh to come on and speak about
5:13
Speaker 1: this case because it was a very very important case
5:16
Speaker 1: in our community and and a lot of what um
5:22
Speaker 1: is portrayed is not the complete story. Nancy. Oh, I
5:26
Speaker 1: love that. I love that. Wait a minute, wait a minute,
5:29
Speaker 1: can we get back to how you love me and
5:30
Speaker 1: miss me? Okay, wait, wait, that's neither here nor there, Clint, Clint,
5:35
Speaker 1: I gotta tell you something. I've watched you. You were
5:38
Speaker 1: awesome in the courtroom. You must have had an incredible teacher.
5:42
Speaker 1: But I won't go into that. What you're saying is
5:46
Speaker 1: that we don't know the whole story. You're right. Unless
5:50
Speaker 1: you sit there and you hear the evidence every minute,
5:53
Speaker 1: or you investigate it yourself, you don't know. Tell me
5:56
Speaker 1: the whole thing, start at the beginning. Well, you know, Nancy.
5:59
Speaker 1: The thing that we found out about this case that
6:03
Speaker 1: made it particularly intriguing for us and led us to
6:07
Speaker 1: indict the defendant, Mr mcgover with these charges, is that
6:11
Speaker 1: the image of a perfect, loving, uh marriage without any
6:18
Speaker 1: problems was really a fallacy. Um. There were issues in
6:25
Speaker 1: the marriage that we found out that had to do
6:28
Speaker 1: with not only finances, but also the handling of both
6:35
Speaker 1: Diamagover and Text mcgover's estate. And so what does that what?
6:41
Speaker 1: What what does that have to do handling her estate?
6:44
Speaker 1: What does that have to do with her getting murdered?
6:46
Speaker 1: The estate didn't occur until afterwards, yes, but they had
6:50
Speaker 1: been arguing about how to transfer the major asset for
6:55
Speaker 1: both of them upon their death, which was the rant
7:00
Speaker 1: which was valued at several million dollars, and that McGivern
7:04
Speaker 1: had invested many, many millions into this ranch and was
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Speaker 1: desperately attempting to leave it to her godson, Austin swall uh.
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Speaker 1: And the conflict developed because Text mcgiver disagreed with that decision.
7:20
Speaker 1: WHA what did you say, schwall sh w A l L. Yeah.
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Speaker 1: Someone a family that we are very familiar with here
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Speaker 1: in Fulton County. Is his Is he connected to Judge
7:33
Speaker 1: swall Absolutely, that's his biological side. Oh lord lordy, lordy, okay,
7:39
Speaker 1: go ahead, And so the wait wait wait wait wait
7:41
Speaker 1: wait wait wait wait, hold on, hold on with me.
7:45
Speaker 1: Is Clinton Rucker, the lead attorney in the prosecution against
7:48
Speaker 1: high profile lawyer Text McIver charged and just convicted in
7:53
Speaker 1: the murder of his wife. Hold on, take a listen
7:58
Speaker 1: to the prosecution. Didn't have a pension, and our expert
8:02
Speaker 1: was testified and based upon his spending habits, it would
8:06
Speaker 1: be depleted in two years after he retired. And in
8:11
Speaker 1: addition to that, without the money from Diana he was
8:15
Speaker 1: receiving every month on the tip of her death to
8:18
Speaker 1: defend it wouldn't even have one dollar. As a matter
8:28
Speaker 1: of fact, without Diane's money on the day that she died,
8:32
Speaker 1: his account would have been negative over five thousand dollars.
8:37
Speaker 1: You're gonna hear then when she drafted the will in
8:41
Speaker 1: two thousand and sixteen, then the ranch would go to
8:45
Speaker 1: the defendant if she fore closed on the ranch. It
8:51
Speaker 1: was her attempt for the ranch to go to Austin
8:54
Speaker 1: And you're gonna be here in the days after Diane
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Speaker 1: was shot and the defendant goes to talk to two
9:01
Speaker 1: homicide detectives at a p D and without any prompting,
9:05
Speaker 1: he tells them, I like to be in control. And
9:08
Speaker 1: on September two thousand and sixteen, Diane was making all
9:13
Speaker 1: of the money. Diane owned the two condos in Buckhead.
9:18
Speaker 1: Diane could take the ranch, this wrench, according to the witnesses,
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Speaker 1: that was his pride and joy, this ranch that he
9:27
Speaker 1: would go to every weekend, that he would host parties at,
9:31
Speaker 1: that he would go shooting at. Diane could take from him.
9:35
Speaker 1: Why do they have a ranch anyway? I don't understand.
9:39
Speaker 1: They've got this beautiful high rise luxury place in the
9:44
Speaker 1: city of Atlanta. What who who wanted the ranch? Well,
9:49
Speaker 1: when Diane mcgiver met Text mcgiver. He had owned the
9:53
Speaker 1: ranch for approximately ten years. It was his pride and joy.
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Speaker 1: He is originally from Texas, and he had longed to
10:03
Speaker 1: live a lifestyle of Georgia rancher where he would have
10:08
Speaker 1: horses and cattle and large pastures, and and that really
10:14
Speaker 1: was a fulfillment for him. Wait a minute, you know
10:17
Speaker 1: ranches cost money, Clint, I mean very expensive. I grew
10:22
Speaker 1: up out in the middle of nowhere, surrounded by farms.
10:26
Speaker 1: But the kind of farmers we need were the ones
10:28
Speaker 1: that would get on the traytor and get out there
10:31
Speaker 1: and bringing in the cross themselves. That's what we're talking about. Okay,
10:36
Speaker 1: what are we Are we talking about a quote gentleman farmer.
10:39
Speaker 1: I have somebody that's right, that's right. I tell you what, Clint,
10:44
Speaker 1: it would be a cold day in h double l
10:47
Speaker 1: before I propped up some husband's farm. I'm like, hey,
10:50
Speaker 1: if you don't help me, at least don't hurt me. Translation.
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Speaker 1: I'm not paying for your farm for you to go
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Speaker 1: play ride a horse on weekends. No, right, right? And
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Speaker 1: Text mcgiver's problem Nancy was that he had um been
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Speaker 1: demoted in his partnership at Fisher in Phillips. His income
11:11
Speaker 1: had dropped by more than whever the ranch expenses. The
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Speaker 1: rant expenses remained constant. They were twenty five thousand dollars
11:22
Speaker 1: a month. Only what I'm trying to I'm trying to
11:26
Speaker 1: so call this in Why did he get demoted? Um, Nancy?
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Speaker 1: He just wasn't able to produce the way he had
11:33
Speaker 1: been in previous years. I talked to the managing partner
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Speaker 1: at Fishing Phillips. They said, hey, listen, this guy is
11:38
Speaker 1: not producing the way that he had been doing in
11:42
Speaker 1: years past, and it was time. So he wasn't making
11:45
Speaker 1: any rate again, he wasn't bringing enough clients all right.
11:50
Speaker 1: So who was paying the grand a month on the
11:55
Speaker 1: keep up the phone over the last three years before
11:57
Speaker 1: Diane's death. She did. He gave him one hundred and
12:02
Speaker 1: nine thousand dollars in cash in order to help him
12:09
Speaker 1: keep up the expenses at the ranch. Clip clap in cash.
12:14
Speaker 1: Please do not go begging for money to your wife.
12:18
Speaker 1: Please don't do that. Okay. I don't know if I
12:21
Speaker 1: got to that life lesson with you when when we
12:23
Speaker 1: were working together in the days that Please don't do that.
12:27
Speaker 1: So why didn't he just learned it. Why didn't he
12:30
Speaker 1: just sell the ranch? Well, you know, Nancy, that's what
12:34
Speaker 1: most folks probably would have done. They would have just
12:37
Speaker 1: adjusted their lifestyle. But he was so rooted and his
12:42
Speaker 1: political power, his position, and all of his influence that
12:49
Speaker 1: he could not shake his way free of divorcing himself
12:54
Speaker 1: from this ranch. And when he got in serious financial trouble,
12:58
Speaker 1: Diane mcgiver at actually loaned him three hundred and fifty
13:04
Speaker 1: thousand dollars. Take a listen to this on Diane. It
13:10
Speaker 1: went from negative five thousand dollars to over one point
13:13
Speaker 1: one million dollars cash instantly. And he was the executive
13:19
Speaker 1: I wanted the beneficiary of Diane's seven million dollars state
13:24
Speaker 1: the easiest way for him to gain control was to
13:28
Speaker 1: kill Diane. And on Sunday, September twenty five, two thousand
13:33
Speaker 1: and sixteen, the evidence will show that that is just
13:35
Speaker 1: what he did. Diane mcgiver actually loaned him three hundred
13:40
Speaker 1: and fifty thousand dollars. Clint, she took out a note.
13:49
Speaker 1: That's absolutely true, man took out a note. You know
13:52
Speaker 1: what that says to me? You know what that says
13:54
Speaker 1: to me Okay, think back, Do you remember I was
13:58
Speaker 1: prosecuting that murder. Well which murder you may ask, Well,
14:03
Speaker 1: the one when I wrecked my car on the way
14:05
Speaker 1: back from the women's jail in Gwinnette County. I don't
14:08
Speaker 1: know if he's coming back to you yet. Okay, that one, Okay,
14:12
Speaker 1: I didn't have a car. My now husband was was
14:16
Speaker 1: getting rid of his car. He gave me his old
14:20
Speaker 1: beat up what that beat up? His old car? He
14:22
Speaker 1: got a new car about once a month. You know,
14:25
Speaker 1: we didn't make anything as a d A, that assistant
14:29
Speaker 1: d A. And you know I was working the two
14:31
Speaker 1: night jobs everything. A couple of weeks. I'd throw a
14:34
Speaker 1: handful of quarters on the table and go, hey, hey,
14:36
Speaker 1: here's your payment on the car. See you believe me.
14:40
Speaker 1: We did not have a note. A note is serious
14:44
Speaker 1: between people that are allegedly in love are married. When
14:47
Speaker 1: you make your husband sign a note for the okay,
14:53
Speaker 1: actually with the court, Oh my star for mercy. And
14:59
Speaker 1: not only that, but Nancy the note had a clause
15:03
Speaker 1: in it that allowed her to four clothes and take
15:07
Speaker 1: over his interest in that ranch for any or no
15:13
Speaker 1: reason whatsoever. She added that clause to the note specifically
15:20
Speaker 1: to cover this circumstance. Okay, you're leaving me a little
15:26
Speaker 1: bit speechless, which you know, Clint is hard to do.
15:30
Speaker 1: Uh Colden. Let me just soak that in for a moment.
15:32
Speaker 1: And I don't want to make Diane out is some
15:35
Speaker 1: shrewd all. Her co workers liked her, her family loved her,
15:40
Speaker 1: her neighbors loved her. But I've got a feeling she
15:44
Speaker 1: felt like she was getting used by him as a
15:47
Speaker 1: as an a t M. Well, over time, she was
15:50
Speaker 1: a person who had expressed the people that she was
15:53
Speaker 1: getting tired of carrying texts. Um. She was not a
15:58
Speaker 1: woman who was accustomed to having to take care of
16:00
Speaker 1: a man, and he was a man who was accustomed
16:04
Speaker 1: to having women take care of him. Well wait, wait,
16:07
Speaker 1: waits what bombshell Bobshell? Right now? Wait, who in their
16:13
Speaker 1: right mind would take care of Tex mcgever. I mean,
16:16
Speaker 1: he's not that much to look at. I mean, what
16:20
Speaker 1: what could he offer a woman that should want to
16:22
Speaker 1: take care of him? Well, at the time that they met,
16:25
Speaker 1: you know, back in two thousand and one, you know,
16:28
Speaker 1: he was a partner at Fisher in Phillips, which is
16:31
Speaker 1: a prominent law firm, and he was pretty active in
16:36
Speaker 1: the politics here in the state of Georgia. Still not interested.
16:40
Speaker 1: And you know, many people feel like this was a
16:43
Speaker 1: marriage of just convenience. It was a business relationship that
16:48
Speaker 1: allowed I do this is what the defense had to say.
16:58
Speaker 1: And know that Bess and after that love you love her,
17:07
Speaker 1: sadly love her, and she loves that. You want to
17:12
Speaker 1: hear from whole businesses that they had a relationship, that
17:16
Speaker 1: people were in the sad, that they seem load love hers,
17:20
Speaker 1: even how the ten years marrish that text the word sad,
17:26
Speaker 1: that she loves him, and that they were hearing her
17:30
Speaker 1: how to the married each other. And that's why I
17:34
Speaker 1: didn't sen Clint, it was a business relationship. I came
17:40
Speaker 1: to feel that way when you talked to the friends
17:42
Speaker 1: and family members that kind of interacted with them, Um,
17:46
Speaker 1: they will tell you things about the way that they
17:49
Speaker 1: communicated with each other that leads me to believe that
17:52
Speaker 1: they were just what I want to know, like what,
17:57
Speaker 1: like what tell me give me one exact apple, Clint Rucker,
18:01
Speaker 1: Like they would never want to be alone, not for dinner,
18:09
Speaker 1: not for breakfast, not for lunch, not for vacations, not
18:13
Speaker 1: for family trips to the ranch. There was always a
18:18
Speaker 1: request by Diane that someone accompanied them. It was as
18:23
Speaker 1: though she did not want to be alone with the
18:25
Speaker 1: defendant with their own husband. Okay, you just spoke to me.
18:30
Speaker 1: You just spoke to me, Clint, because you know David,
18:33
Speaker 1: you know my twins, and you know me, you know
18:36
Speaker 1: very very well. And you know I get up clamp
18:40
Speaker 1: about five thirty every morning, and you know what, I
18:43
Speaker 1: have just enough time to have one cup of hot
18:48
Speaker 1: tea with with David. He has coffee. I have tea
18:51
Speaker 1: before he heads out, before I start researching and and
18:56
Speaker 1: getting the twins ready and all that. One cup, one
18:59
Speaker 1: cup of tea. And do you know that means a
19:02
Speaker 1: lot to me. Yes, Well, they were a couple that
19:06
Speaker 1: was very different. They would and they did not have
19:09
Speaker 1: a cup of tea in the morning. They would invite
19:12
Speaker 1: the neighbors to come over and perhaps sit down and
19:14
Speaker 1: have coffee first thing in the morning. You know that
19:17
Speaker 1: they were having dinner, deadly serious. If they were having dinner,
19:22
Speaker 1: they would invite four or five people over for dinner
19:24
Speaker 1: every night. If they were going to the ranch, they
19:27
Speaker 1: would invite hundreds of people sometimes to come down to
19:30
Speaker 1: the ranch. If they were going on vacation time they
19:33
Speaker 1: had the friend Danny Lynn Carter. Is that is it,
19:36
Speaker 1: Danny Lanard, Danny j Danny Joe Carter, Danny Joe Carter.
19:40
Speaker 1: And this was the first time, Nancy, this is a
19:43
Speaker 1: key point in the trial. This was the first time
19:46
Speaker 1: in over twelve years that Danny Joe Carter had ever
19:51
Speaker 1: gone to the ranch in the same vehicle with Diane
19:56
Speaker 1: and Texas mcgiver the first time at Oh, I know
20:00
Speaker 1: what that means. That means you think it was planned,
20:04
Speaker 1: because why out of twelve years, all this time the
20:10
Speaker 1: you know, it's time to put the rubber to the road.
20:12
Speaker 1: Now he's running out of money, she can foreclose on
20:15
Speaker 1: his beloved ranch. That's his whole image. And this time
20:19
Speaker 1: the night she gets murdered, you're saying he sets it
20:23
Speaker 1: up for Danny Joe to be there and to end
20:27
Speaker 1: up one of them end up driving. And one of
20:30
Speaker 1: the pieces that we discovered when we investigated is that
20:35
Speaker 1: text mcgiver attempted to have one of the ranch hands
20:41
Speaker 1: take then Joe back to Atlanta on Sunday. Tex mcgiver
20:47
Speaker 1: claimed that he wanted to spend a romanic evening with
20:49
Speaker 1: his wife there at the ranch on Sunday night. But
20:51
Speaker 1: we know that could lie because Diane mcgiver had an
20:55
Speaker 1: appointment at seven thirty Monday morning to get a massage,
20:58
Speaker 1: So that means he was going to try to have
21:00
Speaker 1: her to himself to do the murder at the ranch,
21:03
Speaker 1: away from everybody, But it didn't work out that way,
21:07
Speaker 1: so he had to imprint. Can I just ask you this, Clint,
21:10
Speaker 1: And I mean, did they ever have sex? Well? When
21:16
Speaker 1: I talked to a very close friend of Text mcgivers,
21:19
Speaker 1: he told me that Text mcgiver was talking to him
21:24
Speaker 1: about his inability to perform um intimately with his wife.
21:30
Speaker 1: He was very concerned about it. And why do you
21:33
Speaker 1: talk like that? Why did you talk like that? Is
21:36
Speaker 1: not the Clint Rutger that I raised up in the courtroom.
21:38
Speaker 1: In other words, it is not in other words, he
21:41
Speaker 1: was not able to get it on with his wife
21:43
Speaker 1: in the bedroom. I think what you're trying to say
21:46
Speaker 1: is mc iver was apparently having a rectile dysfunctions. Now
21:54
Speaker 1: I might put it in Layman's arms if I were
21:56
Speaker 1: in the courtroom. But okay, so what is he blaming
22:00
Speaker 1: her for that? Well? And and and I don't know
22:03
Speaker 1: what he blamed it on but I do know there
22:05
Speaker 1: was a period of time when they slept in separate.
22:10
Speaker 1: Well was that at the time of the murder. Were
22:12
Speaker 1: they sleeping together? Well, according to friends and relatives, they
22:16
Speaker 1: were not. They were sleeping. Now listen, Clint, you know
22:20
Speaker 1: where I'm going with this. I don't give a figure
22:22
Speaker 1: about anybody else's sex life. I'm not interested. In fact,
22:25
Speaker 1: I'd rather not tell me about it. But it's very
22:30
Speaker 1: it's very relevant when it comes to a murder case,
22:32
Speaker 1: but a domestic homicide, because if people are all in
22:36
Speaker 1: love and they're working on their relationship, they'll at least
22:39
Speaker 1: sleep in the same bed, whether they're too tired at
22:42
Speaker 1: night to do anything or not. I mean, you at
22:44
Speaker 1: least you want to be together. You want to put
22:47
Speaker 1: your foot on the other person's foot, Okay, So I
22:51
Speaker 1: mean you just want to be with them because you know,
22:56
Speaker 1: even if the love is there. What Diane was a
23:00
Speaker 1: woman who was very concerned about, um, you know, their image,
23:06
Speaker 1: and so she would not discuss many of these private
23:10
Speaker 1: matters with her friends or even her coworkers. Uh. And
23:15
Speaker 1: so she would go to all links to maintain this image,
23:20
Speaker 1: this appearance that everything was Okay, okay, give me an example.
23:23
Speaker 1: I need to know the details, right. So for instance, um,
23:28
Speaker 1: you know, even in our you know, in my own relationships,
23:31
Speaker 1: sometimes you can have a disagree Are we really going there?
23:36
Speaker 1: Are we really going there? Okay? You know, you can
23:39
Speaker 1: have a disagreement and be on your way to an
23:43
Speaker 1: event and by the time you pull up to the
23:48
Speaker 1: event and get out of the car, everything is warm
23:51
Speaker 1: and fuzzy and people don't know that, Hey, all the
23:56
Speaker 1: way to the event, we have been disagreeing out whatever
24:00
Speaker 1: the issue is. You just don't let people. As much
24:04
Speaker 1: as I'd like to talk about you and your life,
24:07
Speaker 1: did you please tell me about how she covered up
24:09
Speaker 1: to make it look like a happy relationship. One example, well,
24:13
Speaker 1: one example would be that she told one of her
24:16
Speaker 1: co workers that she was tired of carrying him, that
24:20
Speaker 1: he was not meeting his obligations with respect to the
24:24
Speaker 1: three hundred and fifty dollar a lone. But no, I
24:28
Speaker 1: asked you, what did she do to make it look
24:30
Speaker 1: like a happy marriage? How did she think they would
24:33
Speaker 1: They would they would smile, and they would hold hands
24:36
Speaker 1: and they would be um um hugging in public. When
24:43
Speaker 1: what we know is that there were arguments and disagreements
24:47
Speaker 1: over money. Um that she was very very very serious about.
24:53
Speaker 1: Take a listen to this very successful and at age
25:00
Speaker 1: seventy four, you're in a Jami Well. I hope to
25:05
Speaker 1: be out soon about the reality is Um, I just
25:13
Speaker 1: I just missed my wife so much. It was the
25:17
Speaker 1: perfect marriage. It really was. Yeah. I just every day
25:24
Speaker 1: I reached four in the morning when I wake up.
25:28
Speaker 1: Just anyway, I've got her lap on my faith thirty
25:33
Speaker 1: eight don't go off by itself. It took me maybe
25:37
Speaker 1: a day or to you. We had to kind of
25:40
Speaker 1: think in we were all dying family. We're a dying family,
25:49
Speaker 1: and then we realized it was not an accident. We
25:52
Speaker 1: didn't think it was an accident, and the jury confirmed
25:55
Speaker 1: that the day it was not an accident. His hand
25:59
Speaker 1: was on a trigger. Guns just don't go off defending
26:06
Speaker 1: a gun. Just don't go off. So we didn't think
26:08
Speaker 1: that it was accidental. But what we do know is
26:11
Speaker 1: that she's no longer here with us, and that we
26:13
Speaker 1: had to give justice and justice with her. There are
26:16
Speaker 1: some facts that we don't have to see in this case.
26:18
Speaker 1: Actould maybe quiet of you. One fact you are not
26:21
Speaker 1: going to have to decide did text intention is to
26:26
Speaker 1: test you? Yes he did. We are not telling you
26:30
Speaker 1: that the gun was sitting on the seat next to
26:32
Speaker 1: him the accidentally. You know, we are not telling you
26:36
Speaker 1: that the gun malfunction. No one is going to ask
26:39
Speaker 1: you to decide he was holding the gun. Whatever or
26:42
Speaker 1: not it was test. That's not a dispute, and don't
26:46
Speaker 1: worry about that. The question you have to decide, wasn't
26:51
Speaker 1: intentional that the evidence on the show decide nothing the
26:56
Speaker 1: stable was that to you will prove, but this is not.
27:02
Speaker 1: There were arguments and disagreements over money, um that she
27:07
Speaker 1: was very very very serious about. UM. She would have
27:12
Speaker 1: even her best friends Danny Joe Carter, who had been
27:15
Speaker 1: her friend for forty two years, She would make Danny
27:18
Speaker 1: Joe Carter sign a note for a small loan and
27:21
Speaker 1: would insist that she paid on time and mancy. She
27:24
Speaker 1: even charged the interest her own best friend. Okay, you
27:31
Speaker 1: know what that she gives me an insight into her personality.
27:36
Speaker 1: But you know what, Clint, she weren't like a dog
27:39
Speaker 1: to get where she was. And we don't know how
27:42
Speaker 1: many people had taken advantage of her in the past.
27:46
Speaker 1: We don't know that. So the fact that she made
27:48
Speaker 1: people sign a note. I'm not going to hold out
27:50
Speaker 1: against the woman because I respect her. That's right. She
27:53
Speaker 1: was a great businesswoman. So let me ask you this.
27:57
Speaker 1: And her specialty was real estate. Let me ask you this,
28:00
Speaker 1: Clint clint Rucker, Clint, he was indicted with murder one,
28:05
Speaker 1: which is intentional murder, and then felony murder, which, as
28:09
Speaker 1: we all know, is during a felony, which is an
28:12
Speaker 1: aggravated assault in this case, and a death occurs, whether
28:16
Speaker 1: intentional or not. But a felony is happening and a
28:20
Speaker 1: death occurs. Tell me your reasoning why you think this
28:25
Speaker 1: was malice or intentional murder? And remember, malice can be
28:30
Speaker 1: formed in the twinkling of an eye. It's not some
28:32
Speaker 1: long drawn out plan like I poisoned my husband for
28:35
Speaker 1: three months and he kills over. You can form intent bam,
28:39
Speaker 1: just in the time it takes you to raise a
28:40
Speaker 1: gun and pull the trigger. So why Clint Rucker, you're
28:44
Speaker 1: the lead lawyer and the prosecution of text macwib do
28:47
Speaker 1: you believe this was malice murder? Because I know you
28:51
Speaker 1: would not have gone forward with it if you didn't
28:53
Speaker 1: believe it's we went forward on the charge of malice
28:58
Speaker 1: murder because things primarily, one, we believe that there was
29:03
Speaker 1: a motive uh to commit this murder, although in Georgia
29:08
Speaker 1: motive is not required, as you know Nancy to prove
29:12
Speaker 1: malice murder. But there was a motive president in this case,
29:15
Speaker 1: and it was financial. And two, it was the manner
29:19
Speaker 1: in which the murder was committed, that being the shooting
29:24
Speaker 1: of Diama Diver with revolver that takes twelve and a
29:29
Speaker 1: quarter pounds of pressure to pull the trigger, and she
29:34
Speaker 1: was shot in the back at a trajectory that was
29:37
Speaker 1: inconsistent with what his stated version of the events were. Oh,
29:43
Speaker 1: tell me that about the trajectory, that's very important. Trajectory.
29:47
Speaker 1: Path is the angle, the path that the bullet takes
29:51
Speaker 1: to the body. So did it start at the lower
29:54
Speaker 1: back and go upward or from the side down upward frontward?
29:58
Speaker 1: For what was the path? What was the true path
30:01
Speaker 1: of the bullet? So the pathway, the pathway is determined
30:04
Speaker 1: by the expert's fancy, and you know that they're experts
30:07
Speaker 1: that can determine this kind of thing. Um was that
30:10
Speaker 1: the bullet traveled from the right side of the descendant
30:14
Speaker 1: to the left from the victim. From the victim, the
30:19
Speaker 1: pathway was upward and it was from back to front.
30:22
Speaker 1: And so when you put the trajectory rod through the seat,
30:27
Speaker 1: which will indicate to you in a very visible way
30:30
Speaker 1: the way that the bullet travels, you can see the
30:34
Speaker 1: handgun had to have been at the time when it
30:37
Speaker 1: was fired. But more importantly, you can see where it
30:41
Speaker 1: could not have been at the time. So you're saying,
30:44
Speaker 1: let me understand, he's sitting behind her in the suv,
30:47
Speaker 1: and the trajectory path is obviously back to front because
30:52
Speaker 1: he's sitting in the seat behind her, but on her
30:55
Speaker 1: right side, going down up, come out, And did it
31:00
Speaker 1: come out her front or did it stay lodged in
31:02
Speaker 1: her body. It came out front, and it was slightly upward,
31:07
Speaker 1: which means that the mother of the gun had to
31:09
Speaker 1: be pointed upward through her body. And when you go
31:13
Speaker 1: along the trajectory of the path of the limit, the
31:17
Speaker 1: muddle of the gun had to have been near his
31:21
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32:51
Speaker 1: to get started. Guys, if you're just joining me, this
33:02
Speaker 1: is Clint Rucker, the lead attorney in the prosecution of
33:06
Speaker 1: high profile lawyer Text mckiver just convicted in the murder
33:11
Speaker 1: of his wife. What you're telling me, Clint, I mean,
33:14
Speaker 1: this is it right here. His story was, he fell
33:17
Speaker 1: asleep in the back seat while he told several stories,
33:19
Speaker 1: and then he blamed the belt, blamed the black man. Okay,
33:24
Speaker 1: Black Lives matter, according to him, was having a protest
33:28
Speaker 1: and he got afraid and got out, got the gun
33:31
Speaker 1: and book it went off, all right. Then later he
33:34
Speaker 1: said he was asleep, they went over a pothole and
33:36
Speaker 1: book it went off. There's always but you know those
33:40
Speaker 1: two Uh, he could have woven together. But no way
33:45
Speaker 1: can he reconcile the trajectory path of the bullet. Let
33:49
Speaker 1: me understand, you're saying the gun the barrel had to
33:55
Speaker 1: be pointing toward her lower right back and going slightly
33:58
Speaker 1: upwards and forward. He would have to be happy almost
34:02
Speaker 1: down in the floor of the car to do that.
34:05
Speaker 1: That's correct. And because Tex mcgever was an expert marksman
34:10
Speaker 1: and literally a gun expert. Uh, the bullet missed Diana
34:15
Speaker 1: Gever's heart by mere centimeters. You know something that really
34:20
Speaker 1: spoke to me, Clint Rucker, My my my friend, my friend,
34:25
Speaker 1: my longtime friend, Clint. When you know that I almost
34:31
Speaker 1: died in childbirth right that morning. It was a Sunday morning,
34:35
Speaker 1: November four, and I was getting ready to go to church.
34:39
Speaker 1: You know, I'm going to be in church. I need
34:42
Speaker 1: all the help I can get. And David said, what
34:46
Speaker 1: where are you going? I said, We're going to church, David,
34:49
Speaker 1: and I started throwing up. He turned the light onto
34:51
Speaker 1: the bathroom. He went, you are yellow. We're going to
34:54
Speaker 1: the hospital. And I insisted I was going to church.
34:59
Speaker 1: I got the car, we drove right by the church.
35:01
Speaker 1: He ran every red light to get to the hospital
35:05
Speaker 1: and Clint, I was in such bad shape. He dropped
35:08
Speaker 1: me at the door of the hospital. I got in
35:10
Speaker 1: the front door and I laid down on the in
35:14
Speaker 1: the entrance area of the hospital. I cannot take another step. Now.
35:19
Speaker 1: Let me tell you something, the fact that Text McIver
35:22
Speaker 1: after he shoots his wife tells Danny Joe. He reprimands
35:26
Speaker 1: her for I guess driving too fast to get to
35:28
Speaker 1: the hospitals. Literally down, tell me what happened, tell me
35:34
Speaker 1: the whole thing. So um, you know you have to
35:37
Speaker 1: understand that Text mcgiver is a person who was living
35:41
Speaker 1: in Atlanta for more than forty years. He actually works downtown, Nancy,
35:46
Speaker 1: you're very familiar with downtown Atlanta. He works at the
35:49
Speaker 1: intersection of Peachtree in Twelfth Street, mirror blocks from Emrie
35:55
Speaker 1: Crofit Long, just a few blocks from Pete Munt Hospital,
36:00
Speaker 1: and Uh. Diane mcgever worked at Corey Enterprises, which was
36:05
Speaker 1: right across the expressway from Grady Memorial Hospital in the southeast.
36:14
Speaker 1: That's right, and so of course when he says, according
36:18
Speaker 1: to him, he accidentally shoots his wife, his first thought is,
36:22
Speaker 1: let me drive to another county to take her medical
36:28
Speaker 1: Let me drive across town to the furthest hospital possible.
36:31
Speaker 1: But what about did he reprimand Danny Joe about her driving? Yes,
36:37
Speaker 1: he did, Man, she was trying, She said. She was
36:41
Speaker 1: in a panic um after the shot was fired, and
36:43
Speaker 1: she didn't realize that Diane had actually been hit with
36:46
Speaker 1: the bullet. She thought that the bullet had gone in
36:49
Speaker 1: the floorboard because when she turned around and looked in
36:52
Speaker 1: the back seat, she saw Text mcgever with the gun
36:56
Speaker 1: in his hand, and he was wiping his hands, making
37:00
Speaker 1: emotion like he was wiping his hands as though trying
37:03
Speaker 1: to rid himself of the gun shot residue that might
37:08
Speaker 1: have been on his hand. And and she said, in
37:12
Speaker 1: her mind she thought about going to Pete Mynt. But
37:15
Speaker 1: you know she was on Pete Mount Avenue, Nancy, near
37:18
Speaker 1: Petemont Park, and she didn't know how to navigate through
37:21
Speaker 1: the potto to get to petem Hospital. And she aspects mcgiver,
37:26
Speaker 1: where is the closest emergency room And he said, let's
37:30
Speaker 1: just go to Emory and I'll tell you how to
37:33
Speaker 1: get there. So as he's directing her to drive, and
37:37
Speaker 1: she's driving and she's trying to run red lights and
37:40
Speaker 1: she's trying to get there as quick as she can,
37:43
Speaker 1: he says to her, slow down in essence, because I
37:48
Speaker 1: don't want you to hit a woman who might be
37:51
Speaker 1: out walking her baby. That's a quote. Was there a
37:55
Speaker 1: woman out walking her baby at that time of night?
37:57
Speaker 1: Absolutely night. This was at tensive scene on a Sunday
38:01
Speaker 1: road down. Okay, you know what, Clint, You've convinced me.
38:07
Speaker 1: You have convinced me. And I don't need to hear
38:10
Speaker 1: the rest. I don't need to. I just and I'll
38:15
Speaker 1: give you this. I'll tell you this other thing too. Nancy,
38:18
Speaker 1: did you know that in the back seat next to
38:21
Speaker 1: him was his own cell phone. And he never called
38:25
Speaker 1: nine one one. He never called nine one one. Can
38:29
Speaker 1: ask you one other thing, Clint, when he got when
38:32
Speaker 1: they got to Emory, and I haven't heard this discussed
38:35
Speaker 1: one way or the other. Did he ever show his
38:39
Speaker 1: wife any love? Well, that was the interesting thing. We've
38:43
Speaker 1: talked to so many doctors and nurses and medical professionals
38:46
Speaker 1: who tell us that although people grieve in many different ways,
38:50
Speaker 1: there's a universal sign that most people show when they
38:55
Speaker 1: are grieving. And he did not display any of those times.
38:58
Speaker 1: He didn't cry, did he love or did he kiss
39:01
Speaker 1: her anything? Didn't kiss her, He didn't ask about her condition,
39:07
Speaker 1: He didn't stand outside the room when they were working
39:09
Speaker 1: on her. What he did was he called his criminal
39:13
Speaker 1: defense attorney to come to the hospital. That was the
39:16
Speaker 1: very first phone call that he made when he arrived
39:18
Speaker 1: at em You know what, Clint, you have just brought
39:21
Speaker 1: tears to my eyes because you know what, if I could,
39:25
Speaker 1: you know my story, if I could have one kiss,
39:33
Speaker 1: yes from my fiance, that one kiss from my father.
39:41
Speaker 1: Now who's going to heaven? Oh what I would give?
39:45
Speaker 1: That's right? Nothing like that, Nothing like that. He never
39:51
Speaker 1: asked to see her. He never wanted to be in
39:54
Speaker 1: the room with her. Although Emory has a policy that
39:57
Speaker 1: allows family members to be in the room, he never
40:01
Speaker 1: he never wanted to do that. Take a listen to this.
40:05
Speaker 1: We would like to say to Diane, we hope that
40:08
Speaker 1: you were watching, and we hope that you felt that
40:12
Speaker 1: we stood for you and we stood for the things
40:15
Speaker 1: that you represented. Uh. Secondly, we would very much like
40:19
Speaker 1: to thank the jury. I think most of the people
40:22
Speaker 1: who watched this case could see that the jurors worked
40:26
Speaker 1: extremely hard. They took notes, they were very attentive, and
40:31
Speaker 1: they did something today that might not happen in the
40:34
Speaker 1: normal case. At one point they said they couldn't reach
40:38
Speaker 1: a verdict. The judge charged them with the alan charged
40:42
Speaker 1: and the jury had enough ambition and reasonableness about itself
40:48
Speaker 1: to go back and they returned the verdict. And we
40:51
Speaker 1: believe that the verdict is one uh that spoke the truth. Claire,
40:56
Speaker 1: I want you to explain something else. You know, you
40:58
Speaker 1: and I lived through this together. When I was trying
41:02
Speaker 1: cases in inner city Atlanta. People think there's a big
41:05
Speaker 1: victory when you get a guilty verdict, right. I never
41:10
Speaker 1: felt that way. You know, I just felt relieved that
41:14
Speaker 1: the right thing had been done, because you still have
41:19
Speaker 1: a dead victim. That's right, that's right. What what went
41:24
Speaker 1: through your mind when you heard the jury come back
41:26
Speaker 1: with a guilty verdict, Well, it was it was satisfaction
41:31
Speaker 1: that Um. You know, Nancy, the work we do sometimes
41:34
Speaker 1: it's really really thankless, but we do it because we
41:37
Speaker 1: believe in the system. We believe in being a voice
41:42
Speaker 1: for the voiceless. And in this case, Diamagaba didn't have
41:47
Speaker 1: any biological family members. Um, she only had a that
41:52
Speaker 1: would stand up for her and the truth and justice
41:56
Speaker 1: for what happened to her. And so it was relief
41:59
Speaker 1: and satisfaction that the jury understood the evidence, they understood
42:04
Speaker 1: the fact they deliberated I think very diligently, you know, Nancy,
42:09
Speaker 1: we had a very very smart jury. Um. The majority
42:13
Speaker 1: of our jury had advanced degrees. They worked in professions
42:17
Speaker 1: that required them to make tough decisions all the time,
42:21
Speaker 1: and I think they looked at the facts of this
42:23
Speaker 1: case and and from what I understand from talking to
42:25
Speaker 1: the jurors, UM, many of them believed that this was
42:30
Speaker 1: a deliberately intended act and they were split with other
42:33
Speaker 1: jurors who felt like perhaps it was not intentional, but
42:38
Speaker 1: he had the intent to shoot her versus the intent
42:42
Speaker 1: to kill her. All I know is this Clint Rucker.
42:46
Speaker 1: I thank god that Diane like however, had you standing
42:53
Speaker 1: up for her in court? Everyone, my friend and colleague,
42:58
Speaker 1: the lead attorney on the testament her prosecution, Clint Rocker,
43:04
Speaker 1: Thank you, friend, Thank you, Marthy. I love you to Clint,
43:08
Speaker 1: I love you too. Man. Take a listen to the
43:12
Speaker 1: prosecution's Clint Rucker. I started ask the question who will
43:18
Speaker 1: stand for? Who will stand for? Dann of guy car
43:33
Speaker 1: thank you for standing for they her last wicked loss.
43:42
Speaker 1: Dr da Hardy asked her of question d hard question,
43:51
Speaker 1: do you love to see h I'm putta, sue, Danna
43:58
Speaker 1: mouth that will be a speak. Diane knew she was done.
44:05
Speaker 1: She said through over and over end and my dying?
44:09
Speaker 1: Am I dying? We talked the false here's you know?
44:15
Speaker 1: Especially oh they know you know? And so she asked
44:22
Speaker 1: her question, listen. I told me that it was an accident.
44:27
Speaker 1: Do you want to see your husband? And she said
44:38
Speaker 1: m hm no, And I just wanted you to see
44:54
Speaker 1: the accomat of the defender's actions. She should reduced now
44:59
Speaker 1: to by symbol number, he said in the minds so
45:05
Speaker 1: people who loves her, Carl? Who will stand for Damagata?
45:16
Speaker 1: A great woman she trying to beat, Ladies and gentlemen
45:22
Speaker 1: whom you sank, You sank the Diana guy as she
45:34
Speaker 1: cries out, who who'll stand? Why? Um I did? I am?
45:49
Speaker 1: Nancy Grace Crime Stories, signing off goodbye friend.