Latest / Crime Stories with Nancy Grace / BLUE BLOOD LAWYER 'Accidentally' Shoots Wife Dead, Sells Her $350,000 Wardrobe, GETS NEW TRIAL
Transcript
- 0:05Speaker 1: Crime Stories with Nancy Greece.
- 0:13Speaker 2: She's making all the money, he's spending all the money.
- 0:22Speaker 2: I'm talking about a beautiful executive, Diane mckiv she's dead,
- 0:30Speaker 2: shot by her husband who said he did it in
- 0:35Speaker 2: his sleep. Yes, I guess what else. He's walking free,
- 0:41Speaker 2: not for long. I can only hope. I'mansy Grace. This
- 0:44Speaker 2: is Crime Stories. Thank you for being with us here
- 0:47Speaker 2: at Crime Stories and on series XM one eleven. And
- 0:52Speaker 2: to top it all off, they're rolling in money. Much
- 1:00Speaker 2: more do they need? Why is she dead?
- 1:06Speaker 3: Do you believe his story?
- 1:07Speaker 2: He was asleep, was woken up abruptly, afraid of the
- 1:12Speaker 2: homeless people, and misfired the weapon, a weapon that had
- 1:20Speaker 2: several pounds of pressure needed to pull the trigger.
- 1:26Speaker 4: Mm hmmm, mm hmmm.
- 1:28Speaker 3: Let's hear from the horse's mouth.
- 1:32Speaker 2: Maybe I should make a from the mule the jackass's mouth,
- 1:36Speaker 2: But I let you decide that. Listen to texts mac
- 1:41Speaker 2: ivor very dark.
- 1:42Speaker 5: Seeing me, it wasn't that's one that has up procusarly
- 1:46Speaker 5: high population at a lot of people there, and I
- 1:55Speaker 5: quickly said, this is a big mistake, and we're in
- 1:58Speaker 5: a place that we don't belong rank and here we
- 2:01Speaker 5: are almost new suv two women in any so, anyway,
- 2:09Speaker 5: they made a couple of turns and adventures.
- 2:12Speaker 6: Not going well.
- 2:13Speaker 5: Thanks, We'll be on Pemon Shortley and I said, yeah,
- 2:18Speaker 5: by look, if you don't want to please handle my
- 2:21Speaker 5: Dotter prads in center comes.
- 2:24Speaker 2: Let's analyze what we just heard. Joining me in All
- 2:26Speaker 2: Star panel. Mike Patchentic, veteran journalist, founder Patentic Media Group.
- 2:33Speaker 2: You can find him at Mike Patchinic dot com. And
- 2:36Speaker 2: I need an expert also joining me renowned trial lawyer
- 2:41Speaker 2: Clint Rutger, Award winning lawyer, municipal court judge, and most
- 2:46Speaker 2: important to me right now, former Fulton County felony prosecutor
- 2:54Speaker 2: who worked this case. You can find him at Clint
- 2:57Speaker 2: Rutger dot com. Mike Puchinnik, former WSBTV reporter. Did I
- 3:05Speaker 2: get it right that he takes McIvor, who is himself
- 3:10Speaker 2: a veteran lawyer at a silk stocking law firm in Atlanta,
- 3:15Speaker 2: bringing in all kinds of money and I guess spending
- 3:19Speaker 2: it all. Did he actually say it was very dark
- 3:23Speaker 2: and that night there were a lot of homeless people there,
- 3:28Speaker 2: And I said, ooh, where in a place we don't belong.
- 3:32Speaker 2: Did I hear that correctly? You did.
- 3:34Speaker 4: It's exactly what he said.
- 3:35Speaker 7: We're not in Kansas anymore. We're in downtown Atlanta. There
- 3:38Speaker 7: are homeless people milling about. I don't feel safe, Honey, hand.
- 3:42Speaker 2: Me my weapon. Okay.
- 3:43Speaker 3: See, I'm not buying that at all.
- 3:46Speaker 2: Because I lived for about fifteen years exactly where this happened.
- 3:51Speaker 3: I never felt like I had to get a gun.
- 3:53Speaker 3: And she's a homeless person.
- 3:55Speaker 2: So, I mean, Clinton Rucker, you're the veteran trial lawyer
- 3:58Speaker 2: the handle this case. Is he trying to say what
- 4:03Speaker 2: the homeless people are after me? Translation? The black people
- 4:08Speaker 2: are after me? Is that what he's say?
- 4:10Speaker 4: That's absolutely what he was saying. You know, there were
- 4:14Speaker 4: also some allegations that he made during the course of
- 4:18Speaker 4: the trial that he was actually afraid of potential Black
- 4:22Speaker 4: Lives Matter protesters who might be milling about, and so
- 4:27Speaker 4: you're absolutely right. There was this issue that we dealt
- 4:31Speaker 4: with during the trial that had to do with a
- 4:34Speaker 4: racial motivation. He was trying to use the excuse that
- 4:39Speaker 4: he was afraid of black folks literally, and that was
- 4:43Speaker 4: the reason why he needed to arm himself with a
- 4:45Speaker 4: loaded handgun while he was riding.
- 4:47Speaker 2: Through riding through downtown Atlanta in his luxury suv, he
- 4:51Speaker 2: needed a gun in the backseat. Oh okay, let's hear
- 4:56Speaker 2: some more of what tex mcimer has to say. But first,
- 5:01Speaker 2: Mike pa Chinnik, isn't it correct that his wife before
- 5:05Speaker 2: he shot her dead, Diane McIver was a very high
- 5:09Speaker 2: powered executive with Corey. He was She was a self
- 5:13Speaker 2: made woman.
- 5:13Speaker 8: She rose through the ranks of the company and was
- 5:16Speaker 8: among its executive team and making a lot of money
- 5:19Speaker 8: in the process.
- 5:19Speaker 3: What kind of company is Corey?
- 5:21Speaker 8: They do a lot of things, but outdoor advertising. If
- 5:23Speaker 8: you ever driving you downtown Land, you see the big
- 5:25Speaker 8: smokestack there off the Grady Curve, says Corey Enterprises on
- 5:29Speaker 8: a date, that's kind of their flagship over there, and
- 5:32Speaker 8: that's what they're known for.
- 5:33Speaker 2: Yeah. I remember after she was shot dead by her husband,
- 5:36Speaker 2: they had a memorial of that illuminated that chimney stack
- 5:41Speaker 2: you're talking about for a really long time in honor
- 5:44Speaker 2: of Diane. Beautiful, brilliant, and she was making a ton
- 5:50Speaker 2: of money, right.
- 5:52Speaker 4: Clint Rutger, that's right, listen. I'll just give you a
- 5:55Speaker 4: couple of tidbits to help put in the perspective how
- 6:00Speaker 4: wealthy Diama guy were.
- 6:01Speaker 2: Actually, I need some help because you know what, Clint,
- 6:04Speaker 2: as you know from you and I being trial lawyers.
- 6:07Speaker 2: When I was in the DA's office, one of my
- 6:09Speaker 2: summer jobs was as a camp counselor in tree identification
- 6:15Speaker 2: at the Rocky Golden National Forest and in Putnam County,
- 6:21Speaker 2: you know where that is. This guy had a gentleman's farm.
- 6:28Speaker 2: And boy am I putting that in air quotes, because
- 6:31Speaker 2: you know, my grandparents worked a farm and it's a
- 6:35Speaker 2: lot of backbreaking work. But what this guy did was
- 6:38Speaker 2: basically go there every other weekend and.
- 6:41Speaker 3: Throw parties at the farm.
- 6:45Speaker 2: And his wife was footing the bill not only for
- 6:49Speaker 2: their Atlanta place where he was a partner in a
- 6:52Speaker 2: law farm but had been put on emeritis status or
- 6:56Speaker 2: so he wasn't bringing in a lot of money. She
- 6:58Speaker 2: was paying for all of his doings.
- 7:02Speaker 3: Plus his farm, a farm, she had to pay for
- 7:07Speaker 3: all that. Seriously, that's right.
- 7:10Speaker 2: Okay, give me the tenbits and Patentic, don't hold back.
- 7:14Speaker 3: Patentic, go ahead, Clint Rutger.
- 7:16Speaker 4: All right, so let me tell you this. One of
- 7:19Speaker 4: the financial obstacles that Tex mcgober had Nancy was that
- 7:25Speaker 4: the farm was in arrears. He was not making enough
- 7:28Speaker 4: money at the firm to be able to pay the
- 7:30Speaker 4: monthly mortgage on the farm, and he was in a
- 7:32Speaker 4: ris by several hundred thousand, right, all right?
- 7:38Speaker 2: My head started spinning around, like on, what's the name
- 7:41Speaker 2: of the movie exorcists? Thank you when you said arrears?
- 7:47Speaker 2: He wasn't making the house payments. You know what I
- 7:50Speaker 2: said when I got married Clint Rutger, I said, listen,
- 7:54Speaker 2: you don't have to help me, but don't hurt me. Okay,
- 7:58Speaker 2: you don't have to help me pay these bills that
- 8:00Speaker 2: will hurt me for Pete's sake. Luckily, I got a
- 8:02Speaker 2: good husband that works like a mule, just like me.
- 8:05Speaker 2: Long story shore. So he wasn't making the mortgage payments
- 8:10Speaker 2: on the house, the farm. Excuse me, that's right, that's right.
- 8:14Speaker 2: How bad was it? How bad was it?
- 8:17Speaker 4: Several hundred thousand dollars?
- 8:18Speaker 2: Hold on, I'm sorry, I just threw up a little
- 8:20Speaker 2: bit in my mouth. Hold on, several hundred thousand? Why
- 8:24Speaker 2: didn't he sell the thing?
- 8:26Speaker 4: It had been he had purchased it years ago when
- 8:30Speaker 4: he was a really prominent partner at his firm, and
- 8:34Speaker 4: so so at one point it was no problem for
- 8:38Speaker 4: him to handle the financial responsibilities.
- 8:40Speaker 2: Objection, your honor, the witness is not being responsive to
- 8:44Speaker 2: my question. Why didn't he sell it?
- 8:47Speaker 4: He loved it too much. He loved it so much
- 8:50Speaker 4: his wife wanted to give it to his children.
- 8:52Speaker 2: Doctor Bethany Marshall, I need a shrink, Doctor Bethany Marshall.
- 8:56Speaker 2: Rouw psycho analyst joining us out of la and she
- 9:02Speaker 2: is starring in the new season of Paris in Love
- 9:05Speaker 2: on Peacock. Doctor Bethany, help me. Why keep a man
- 9:10Speaker 2: around that won't even pay the house note at least
- 9:13Speaker 2: work for Pete's sake.
- 9:15Speaker 6: Well, you know, it's not uncommon for women who make
- 9:17Speaker 6: more money than their partners to actually feel guilty that
- 9:21Speaker 6: they're making more money, that they're usurping the partner's masculine role.
- 9:25Speaker 3: Okay, I'm sorry, what the masculine role?
- 9:28Speaker 2: You know what. I am so lucky because David isn't
- 9:33Speaker 2: like that at all. You know, God just dropped a
- 9:35Speaker 2: big blessing right on my head, I know. And it's
- 9:39Speaker 2: not about how much anybody makes, it's are they working
- 9:44Speaker 2: in the relationship and holding on to a farm because
- 9:50Speaker 2: of pride, which is one of the seven deadly sins,
- 9:52Speaker 2: by the way, because you don't want your partners at
- 9:55Speaker 2: your law firm to know you had to sell the farm,
- 9:58Speaker 2: and you let your w work her fingers to the
- 10:02Speaker 2: bowe to pay for your ego project. I mean, for
- 10:08Speaker 2: Pete's sake, go be a greater at costco. Just we're man.
- 10:13Speaker 6: One of the primary symptoms of a personality disorder. I
- 10:17Speaker 6: haven't examined him. I don't know if he has one.
- 10:19Speaker 2: Here you go with personality disorder, Okay, I'm ready, get ready, klan.
- 10:24Speaker 3: Here it comes.
- 10:25Speaker 6: People with personality disorders feel that everybody owes them, even
- 10:29Speaker 6: if they're being completely taken care of by their spouse.
- 10:33Speaker 6: A mooch well or a parasite.
- 10:36Speaker 2: Oh that's a good one for a leech and you know,
- 10:38Speaker 2: but it's.
- 10:39Speaker 6: Very primitive because at the beginning of life, we feel
- 10:42Speaker 6: that our mothers owe us to take care of us.
- 10:44Speaker 6: And the mothers do, they do owe us. But these
- 10:47Speaker 6: very disturbed people go through life feeling owed by everybody.
- 10:52Speaker 6: That's why they cheat, that's why they steal, that's why
- 10:55Speaker 6: they're parasites with their partners. And there's also some research
- 10:59Speaker 6: fancy that shows that men who are married to women
- 11:03Speaker 6: who make more money them than them are more likely
- 11:06Speaker 6: to cheat, which I think is fascinating because the other
- 11:09Speaker 6: way around it's not true. So you have that layered
- 11:13Speaker 6: on top of this. And I'm sure he wrote to
- 11:15Speaker 6: her into this gradually. No woman goes into a relationship
- 11:20Speaker 6: saying Okay, I'm going to support you one hundred percent.
- 11:23Speaker 6: That's rare, that's unheard of. What happens is it takes
- 11:27Speaker 6: place the contract or the agreement.
- 11:30Speaker 2: You mean, lie, the lobster in the pot is just
- 11:33Speaker 2: barely warm. It the get go there, you're boiled dead.
- 11:35Speaker 6: It's interaction and interaction at a time. It's oh, you
- 11:39Speaker 6: know what, I forgot my wallet.
- 11:41Speaker 2: Oh you know what, Gosh, you know what.
- 11:43Speaker 6: I'm a trial now, will you just send the mortgage
- 11:46Speaker 6: payment to the farm. Oh, you know, my daughter needs
- 11:49Speaker 6: her college paid for. You know, it starts with little
- 11:51Speaker 6: things that graduates to bigger things. And in this case,
- 11:55Speaker 6: he really saw her as a mark. You know, he
- 11:57Speaker 6: was probably contumplace her death for a long long time
- 12:02Speaker 6: really thinking about this, you know, listening to his own clients.
- 12:05Speaker 6: If he was a trial attorney, you know, picking up
- 12:09Speaker 6: Tim and why.
- 12:10Speaker 2: Is it here's a question that may not be within
- 12:13Speaker 2: your expertise. Why do lawyers think they know everything? That's
- 12:19Speaker 2: a good question for you, Clint Rucker. But let's get
- 12:21Speaker 2: back on track because that's probably a very long, long
- 12:26Speaker 2: psychoanalytics session to figure that out.
- 12:29Speaker 6: But what doctor's insurgents?
- 12:32Speaker 2: Same?
- 12:32Speaker 3: Sorry, doctor Dufree. But remember.
- 12:37Speaker 2: I now recall distinctly, didn't he say that this is you,
- 12:43Speaker 2: Clint or Mike Patentic jump in that he accidentally shot
- 12:48Speaker 2: his wife dad with a gun he was carrying his
- 12:50Speaker 2: lap because he was afraid of the Black Lives Matter protesters.
- 12:56Speaker 4: Actually, Nancy, I'm going to tell you it gets better
- 12:58Speaker 4: than that.
- 12:59Speaker 3: Oh okay, let me come to go ahead.
- 13:00Speaker 4: All right, you're ready, you got yeah, Okay, this is
- 13:05Speaker 4: the story. I was afraid of the protesters and the
- 13:10Speaker 4: homeless people, so I asked for my gun, which I
- 13:13Speaker 4: knew was loaded. I put the gun in my lap,
- 13:16Speaker 4: and then I fell asleep.
- 13:17Speaker 3: I was so afraid I fell asleep.
- 13:19Speaker 4: I was so afraid I fell asleep.
- 13:20Speaker 3: Why didn't they just get off with going down Petemont.
- 13:24Speaker 4: Clint, they were coming down Pete My Nancy, you're familiar
- 13:27Speaker 4: with that area.
- 13:27Speaker 2: Why didn't they just turn on North or turn on
- 13:31Speaker 2: Ponts and get on the interstate to wherever they were going.
- 13:34Speaker 4: There was construction traffic.
- 13:35Speaker 2: Oh, now you're going to blame the construction traffic.
- 13:37Speaker 4: He blamed the construction traffic.
- 13:39Speaker 3: You could still turn.
- 13:40Speaker 2: Well, you're not really believing that he's blaming the traffic.
- 13:43Speaker 4: Blame the traffic.
- 13:44Speaker 2: Oh, I'm so happy. Nothing really could have made me happier.
- 13:48Speaker 4: As he's coming down Pete Mine, across Punts, across Tenth Street,
- 13:55Speaker 4: he's right there by Pete Mont Park, the car comes
- 13:58Speaker 4: to a stop at a rep and he says that
- 14:01Speaker 4: the gun just went off.
- 14:17Speaker 1: Time stories with Nancy Grace.
- 14:20Speaker 2: Guns do not just go off. Christopher Byer is joining me,
- 14:24Speaker 2: private investigator at Buyers Investigative dot com. Former police chief
- 14:31Speaker 2: Jobs Creek. Guns don't quote just go off. You have
- 14:35Speaker 2: to pull the trigger. Christopher Byers, please explain when I
- 14:40Speaker 2: say the pounds required on a trigger pull, what does
- 14:44Speaker 2: that mean?
- 14:45Speaker 9: Yeah, So I've been a firearms instructor for several decades now,
- 14:49Speaker 9: and I guns do not go off. And what you're
- 14:53Speaker 9: talking about with the trigger pool is it's the pound
- 14:56Speaker 9: of pressure that's required to pull the trigger to enact
- 15:00Speaker 9: the gun from firing. And this particular gun that we're
- 15:04Speaker 9: talking about was a revolver that had a twelve and
- 15:07Speaker 9: a half pound trigger pull from what from thetion of
- 15:11Speaker 9: the case, which is one of the highest that you
- 15:14Speaker 9: can get. It's kind of what we in the industry
- 15:17Speaker 9: referred to as a New York trigger because of all
- 15:19Speaker 9: the requirements up in New York. It's one of the
- 15:22Speaker 9: reasons that revolvers has kind of even kind of gone
- 15:25Speaker 9: the way where they're not used as much anymore because
- 15:29Speaker 9: of the trigger pool required on this they become extremely
- 15:33Speaker 9: inaccurate because you know, your hands starts shaking when you're
- 15:37Speaker 9: trying to pull it. But a twelve and a half
- 15:39Speaker 9: trigger pool is one of the highest you can get,
- 15:42Speaker 9: so you do not accidentally pull a twelve and a
- 15:46Speaker 9: half pound trigger pool.
- 15:47Speaker 2: Now, let's hear again from the horse's mouth what he
- 15:51Speaker 2: says happens. Listen, he pulls it out.
- 15:55Speaker 5: Answers back to me and idental we may have been
- 16:01Speaker 5: on te moon anyway, I relatively satisfied that we're out
- 16:06Speaker 5: of that kind of area, right, And I I guess
- 16:10Speaker 5: I just laid back again and want to sleep of
- 16:15Speaker 5: this piler his own kind of thing credit other whether
- 16:18Speaker 5: in my lap Danny Joe came to a styling and anyway,
- 16:26Speaker 5: I'm just time to wake up. But she came to
- 16:32Speaker 5: astyling and I was handling the gun and I didn't
- 16:38Speaker 5: realize he was in my lap, right, and it went.
- 16:40Speaker 3: On Clinton record.
- 16:42Speaker 2: That's impossible because if he's holding the gun in his lap,
- 16:46Speaker 2: if he's now sitting behind Diane the victim, correct, he's
- 16:49Speaker 2: sitting behind her, he would have had to be holding
- 16:52Speaker 2: the gun straightforward. It is sleep.
- 16:56Speaker 4: Well, what are the real powerful things that really took
- 16:59Speaker 4: the jury over the edge in terms of knowing that
- 17:03Speaker 4: Tex mcgibre intentionally shot his wife? Was the trajectory and
- 17:08Speaker 4: we've got our panel expert who can speak to that
- 17:11Speaker 4: ballistic term that shows the pathway that the bullet had
- 17:16Speaker 4: to travel, and it was directly through the back of
- 17:19Speaker 4: the seat. His arm would have had to be pointed
- 17:22Speaker 4: directly at her back. And it was totally inconsistent with
- 17:26Speaker 4: the version that he gave police.
- 17:27Speaker 2: So didn't he Joel boys, he was holding it in
- 17:29Speaker 2: his lap sideways kind of that's correct, like you would
- 17:33Speaker 2: hold it laying your light. You're reading a book and
- 17:36Speaker 2: you put the book down, open on, face down on
- 17:40Speaker 2: your lape.
- 17:40Speaker 3: He was holding it like in that horizontal position.
- 17:44Speaker 2: So if he was holding it like that and the
- 17:47Speaker 2: gun went off, it would have gone out the driver's
- 17:50Speaker 2: side back door.
- 17:52Speaker 4: Correct, that's correct, that's correct. That's what he said in
- 17:55Speaker 4: the interview and demonstrated on video with Detective Brett Zimber, who, Nancy,
- 18:01Speaker 4: I know you remember taking vembric very.
- 18:03Speaker 3: Well, great cop, great cop.
- 18:05Speaker 2: So Mike Patchennik joining us veteran journalist, who would believe that?
- 18:11Speaker 2: Didn't he change his story? Mike, there was a pot.
- 18:15Speaker 2: First of all, he was afraid of the homeless people
- 18:17Speaker 2: like they were zombies. He was afraid of Black Lives
- 18:19Speaker 2: Matters protesters, which I don't know that they're protesting at night.
- 18:24Speaker 2: But then he said he hit a pothole. Then he
- 18:26Speaker 2: said that the friend slash driver Danny J. Carter came
- 18:31Speaker 2: to an abrupt stop.
- 18:32Speaker 8: I want to circle back to the pounds though they
- 18:34Speaker 8: required to pull that sugar.
- 18:36Speaker 4: Clinton, Chris, correct me if I'm wrong.
- 18:38Speaker 8: I believe there was testimony a trial that had text
- 18:41Speaker 8: mc iver caught the gun and made it what was
- 18:44Speaker 8: called single action, it only would have required about two
- 18:47Speaker 8: hundred quarter pounds to pull that fire, So six times
- 18:51Speaker 8: less pressure to pull that gun if it were so
- 18:54Speaker 8: called double action. So by that theory, if it did
- 18:57Speaker 8: his lap and he gets jerked away two and a
- 18:59Speaker 8: half down two quarter pounds, that's not a lot of
- 19:01Speaker 8: pressure to pull a trigger and for it to just
- 19:03Speaker 8: go off.
- 19:04Speaker 3: That's a really good point.
- 19:05Speaker 2: What about it, Clint, Well, this is the fundamental.
- 19:09Speaker 4: Point that I made to the jury, Nancy, is that
- 19:12Speaker 4: Tech macgiver was a gun expert. He taught gun safety.
- 19:16Speaker 4: Why would he have his finger on the trigger in
- 19:18Speaker 4: the first place. So what about the poll, Well, if
- 19:21Speaker 4: the weapon was in double action, it requires a little
- 19:25Speaker 4: bit more than twelve pounds to pull it, which is
- 19:27Speaker 4: more than a ten pound bag of sugar. That's a
- 19:30Speaker 4: lot of pressure. In single action it does require substantially less.
- 19:35Speaker 4: But the testimony from Tech macgiva's own mouth during his
- 19:38Speaker 4: videotaped interview was that the weapon was in double action.
- 19:42Speaker 2: Oh okay, weapon was in double action.
- 19:45Speaker 4: So that double action from Smith and Weston when we
- 19:47Speaker 4: talked to the action, Holy.
- 19:49Speaker 2: Moly, wait a minute, I am looking right now at
- 19:53Speaker 2: the high rise the luxury complex. They lived in Buckhead
- 19:59Speaker 2: at lant That costs some money. Can we talk about
- 20:05Speaker 2: also what she Diane endured how many she was shot?
- 20:13Speaker 3: Once?
- 20:13Speaker 2: Right, Clint, that's.
- 20:14Speaker 4: Right, and the willet missed her heart by a couple
- 20:17Speaker 4: of centimeters.
- 20:18Speaker 2: Okay, listen, I'm gonna go to doctor Michelle Dupree about
- 20:22Speaker 2: what happens after she shot and what she said and
- 20:25Speaker 2: did in the hospital before she died. But first listen
- 20:29Speaker 2: to more of text and mc iver's, well, one of
- 20:32Speaker 2: his versions of what happened.
- 20:33Speaker 6: We do you remember happen to.
- 20:38Speaker 5: Her to come up. I immediately called out, I said,
- 20:42Speaker 5: everybody all right? And Dangel said yes, Diane, it was
- 20:48Speaker 5: kind of flat. She said, I've been shot worse than
- 20:53Speaker 5: that effect kind and I immediately put my arms around her.
- 20:57Speaker 5: Try to determine how anyone and I made the best under.
- 21:07Speaker 3: Emory was not the closest hospital, Mike Jenkitt, But.
- 21:10Speaker 8: They could have gone to Grady, which is a trauma one.
- 21:14Speaker 4: Er, which anybody in Atlanta knows. That's where you go
- 21:18Speaker 4: if you have a gunshot wind.
- 21:19Speaker 2: You don't go to Emory.
- 21:21Speaker 3: What the heart wing hgbl N no.
- 21:24Speaker 2: And they're about six eight blocks ten blocks maybe from Emory.
- 21:29Speaker 2: They're in the Piedmont Pont's area, right, Clint Rutger.
- 21:32Speaker 4: That's right, Nancy. And in addition to graty cropit long
- 21:36Speaker 4: is right a couple of blocks away on p Street.
- 21:38Speaker 3: Okay, you know what, It's just getting worse and worse
- 21:42Speaker 3: to me.
- 21:43Speaker 2: I want to hear what happened at the hospital to
- 21:49Speaker 2: Mike Patentic, joining US veteran journalist, founder of Patentic Media Group.
- 21:55Speaker 3: Mike, is it true that at first she.
- 22:01Speaker 2: May have thought it was an accident, but then moments later,
- 22:06Speaker 2: as she's sinking back through it, she will not let
- 22:09Speaker 2: him in the hospital room with her.
- 22:12Speaker 4: That's right. She told the nurses. I don't want him
- 22:14Speaker 4: back here with me. I don't want him back here.
- 22:16Speaker 2: Well, Clint Rucker, I know you recall when the twins
- 22:18Speaker 2: were born. I wouldn't let David leave me. I made
- 22:22Speaker 2: him read the Bible the whole time I thought we
- 22:25Speaker 2: were all dying, which we almost did. The last thing
- 22:28Speaker 2: I wanted him to do was leave.
- 22:31Speaker 4: That's right.
- 22:32Speaker 2: I mean, this tells me everything. She would not even
- 22:35Speaker 2: let him in the room, right, Nancy.
- 22:38Speaker 6: You know it's not unusual for domestic violence victims to
- 22:43Speaker 6: warn other people that if they die, it was their spouse,
- 22:47Speaker 6: and to not want their spouses around at critical moments
- 22:50Speaker 6: like this. You know, to think this clearly, when you're
- 22:52Speaker 6: critically mortally wounded, that you don't want your spouse around.
- 22:56Speaker 6: You know that thought has been brewing inside of her
- 22:59Speaker 6: for a long long time that he could harm her.
- 23:03Speaker 2: Doctor Michelle dupre joining me forensic pathologist, medical examiner, former
- 23:08Speaker 2: detective with the Lexington County Sheriff's Department, now author of
- 23:12Speaker 2: a best selling book, Money, Mischief and Murder. The Murdoch
- 23:16Speaker 2: Saga the rest of the story, but what interests me
- 23:21Speaker 2: today is the fact that she wrote the homicide investigation
- 23:25Speaker 2: field guide, Doctor Duprex, I want you to use all
- 23:29Speaker 2: of your knowledge and tell me what she lived through,
- 23:35Speaker 2: because she was awake, incoherent for a considerable period of
- 23:40Speaker 2: time until he went all the way across town, basically
- 23:44Speaker 2: to another city, Decatur, to the hospital at Emmy University,
- 23:49Speaker 2: which is known for its cancer and heart treatments, not
- 23:54Speaker 2: gunshot wound treatments.
- 23:55Speaker 4: It's a research hospital.
- 23:57Speaker 2: Yes, yes, she had the wherewithal to tell the nurse,
- 24:02Speaker 2: don't let him in the room with me, so she
- 24:06Speaker 2: was awake and aware, doctor Duprix.
- 24:08Speaker 6: Exactly, Nancy. She felt every single bit of this. And
- 24:11Speaker 6: to make matters worse, this bullet, this projectile actually passed
- 24:15Speaker 6: through the back seat, which means that that is an
- 24:18Speaker 6: intermediary target which expands the bullet, and so that when
- 24:23Speaker 6: it actually enters her body, it's larger than it would
- 24:25Speaker 6: have been had it not. This was excruciating.
- 24:28Speaker 3: She must have been in terrible pain, doctor.
- 24:32Speaker 6: Dupre Absolutely she felt all of this, and in her.
- 24:35Speaker 2: Last moments she insisted that he be barred from her
- 24:39Speaker 2: hospital room. Have you ever heard such a thing, doctor dupre.
- 24:43Speaker 6: I have heard it, but it's always been in domestic
- 24:45Speaker 6: violence cases or someone who is afraid of that person.
- 24:49Speaker 2: Well, guys, it's not just his crazy theory that correct
- 24:53Speaker 2: me if I'm wrong. Clint, please jump in and mike
- 24:56Speaker 2: the Senna. You've been on the story since the get go. Guys,
- 24:59Speaker 2: he's got a niche. He's going to have a new trial.
- 25:04Speaker 2: Clint works his fingers to the boat, gets a conviction,
- 25:10Speaker 2: and now it's being reversed. The judges up in their
- 25:14Speaker 2: ivory tower decided rut Row I don't like eat something
- 25:19Speaker 2: and have reversed it. This guy is going to end
- 25:23Speaker 2: up outsmarting Lady Justice.
- 25:26Speaker 3: Just listen to me on this.
- 25:28Speaker 2: In addition to what happened at the time of the shooting,
- 25:32Speaker 2: you have got to hear what happens after the sheet
- 25:37Speaker 2: and take a listen to our friends had cut twenty
- 25:39Speaker 2: three Sidney Summer Crime online.
- 25:42Speaker 10: As friends come to offer condolences on the passing of
- 25:45Speaker 10: his wife, most expect to see text maciv upset in
- 25:48Speaker 10: shock that he accidentally shot his wife, the love of
- 25:51Speaker 10: his life, and caused her death. Instead, they find a
- 25:54Speaker 10: man who seems more concerned about money. Jay Grover was
- 25:58Speaker 10: a colleague of Diane McIvor, and he says within two
- 26:00Speaker 10: days of Diane's death, Tex was asking him about his
- 26:04Speaker 10: wife's Social Security benefits, wondering if he could collect her checks.
- 26:07Speaker 10: Another colleague, Ken Rickert, said Tex asked him about getting
- 26:11Speaker 10: Diane's Social Security and complained about his salary being cut
- 26:15Speaker 10: at the law firm where he worked.
- 26:16Speaker 3: At Rucker House.
- 26:17Speaker 2: Soon after he shoots her, dad is he worried about
- 26:20Speaker 2: the money right afterwards?
- 26:22Speaker 4: It's one of the first conversations he has when he
- 26:25Speaker 4: gets home from the hospital with her friends and colleague
- 26:28Speaker 4: who are devastated at her death.
- 26:30Speaker 3: Mclint that's not all.
- 26:34Speaker 2: What about basically the High Fluton yard sale.
- 26:39Speaker 10: Listen while police investigated how Tex mcivor's gun accidentally went
- 26:44Speaker 10: off in the back seat, tex McIvor seems to be
- 26:47Speaker 10: investigating how to liquidate his late wife's assets. Tex MacIvor
- 26:51Speaker 10: organized to sell many of his wife's possessions at an
- 26:54Speaker 10: auction as part of an estate sale. MacIvor said he
- 26:57Speaker 10: was liquidating things to settle his wife's estate. Mckiver sold
- 27:00Speaker 10: everything he could of his wife's clothing, jewelry, furs, hats,
- 27:05Speaker 10: just about everything.
- 27:06Speaker 3: The sale lasted several days.
- 27:08Speaker 10: It was later revealed that text MacIver owed his wife
- 27:11Speaker 10: nearly three hundred and fifty thousand dollars, which she loomed
- 27:14Speaker 10: him for a barn he built on the ranch for
- 27:17Speaker 10: guests on their estate.
- 27:18Speaker 2: A three hundred and fifty thousand dollars barn for guests.
- 27:24Speaker 2: What did they throw parties and have guests stayed down there,
- 27:27Speaker 2: Clint Rucker, they did.
- 27:29Speaker 4: It was an outstanding looking facility. It was built in
- 27:32Speaker 4: a Western style, just like a saloon on the bottom
- 27:35Speaker 4: and had bedrooms upstairs. It was wonderful.
- 27:39Speaker 2: Okay, wait, wait, there was a saloon on the bottom,
- 27:42Speaker 2: that's right, and bedrooms upstairs.
- 27:44Speaker 4: Yeah, an old Western style saloon with the swinging doors
- 27:48Speaker 4: and the long wooden bar.
- 27:50Speaker 2: And she was paying for this, and she paid for it.
- 27:53Speaker 3: It's my understanding, Clint. She didn't even like going down there.
- 27:56Speaker 4: She didn't really like going down there. She was a
- 27:58Speaker 4: city girl.
- 27:58Speaker 2: Well, the woman is twenty four seven, three sixty five.
- 28:03Speaker 2: What's she gonna do sit on the front porch and rock.
- 28:05Speaker 4: Well, you know, they like to entertain. So she enjoyed. Okay,
- 28:10Speaker 4: that farm from the aspect of being able to host
- 28:14Speaker 4: huge parties. They had a huge wine cellar with over
- 28:17Speaker 4: twenty thousand bottles of wine.
- 28:19Speaker 2: Okay, place, what you know you talking to a tea toddler.
- 28:22Speaker 2: What did you say about twenty thousand dollars bottles of wine?
- 28:26Speaker 5: Oh?
- 28:26Speaker 4: Yes, Nancy, twenty thousand individual bottles of wine. I believe
- 28:31Speaker 4: they inventoried out of the wine cellar at that farm.
- 28:36Speaker 3: Plant. Did you ever go to the farm?
- 28:38Speaker 4: I did visited the farm a few times.
- 28:40Speaker 3: You have to tell me some more about the farm.
- 28:42Speaker 4: What it's about, eighty eight acres. It is surrounded by
- 28:47Speaker 4: a Christine White picket fence.
- 28:49Speaker 2: Just right there. Nobody that sat on a working farm
- 28:54Speaker 2: that I know of, anybody has a white picket fence
- 28:57Speaker 2: because that takes so long to paint, and you have
- 29:01Speaker 2: to paint it like every three or four years because
- 29:04Speaker 2: of the weather.
- 29:04Speaker 3: Anyway, go ahead, go ahead. Eighty eight acres and of it.
- 29:08Speaker 4: And it had a huge main house, a pool in
- 29:14Speaker 4: ground pool right behind.
- 29:16Speaker 2: Right as opposed to an above ground like so many
- 29:19Speaker 2: of us enjoying the south right.
- 29:20Speaker 4: I'm not talking about the little plastic pools that you
- 29:24Speaker 4: can jump in that fit right above the ground. This
- 29:28Speaker 4: was a huge en ground pool that was beautiful. And
- 29:33Speaker 4: right behind it was this new barn that they built,
- 29:37Speaker 4: which was really a guesthouse in a saloon and a
- 29:40Speaker 4: stable for horses.
- 29:41Speaker 3: Did they keep horses?
- 29:43Speaker 4: They kept horses.
- 29:44Speaker 2: Oh man, that'll suck.
- 29:45Speaker 3: In twenty fifty thousand dollars a year for a horse
- 29:48Speaker 3: right there.
- 29:48Speaker 2: Yeah, they were choking.
- 29:50Speaker 3: They were choking.
- 29:52Speaker 4: How much twenty thousand dollars a month to maintain and
- 29:56Speaker 4: upkeep this farm on a monthly basis to include the
- 30:00Speaker 4: food for the horse and the cattle.
- 30:02Speaker 3: Twenty grand a month, that's right, Nancy.
- 30:05Speaker 6: If I could make a comment, about this.
- 30:06Speaker 3: I'm sorry, I feel like I'm choking right now thanking.
- 30:09Speaker 2: It just they're just hemorrhaging money for him to have
- 30:14Speaker 2: his gentleman's farm and three parties.
- 30:16Speaker 3: Okay, go ahead, doctor Bethany.
- 30:17Speaker 6: Well, to that point, it'd be interesting to talk to
- 30:20Speaker 6: her financial planner and see how much was she actually making.
- 30:24Speaker 6: Was she saving her retirement or was all of it
- 30:27Speaker 6: going towards the gentleman farm. What was she telling her girlfriend?
- 30:30Speaker 6: Did she say to them that she was happy to
- 30:32Speaker 6: spend all this money or were there any complaints? I
- 30:35Speaker 6: think that would be very telling. And I think finally
- 30:37Speaker 6: Clint said that or someone said that, you know, she
- 30:40Speaker 6: enjoyed spending money.
- 30:42Speaker 2: I don't remember him saying that. I thought he said
- 30:44Speaker 2: she enjoyed having the parties.
- 30:46Speaker 4: Oh, I thought it was enjoyed having the party. But Natthew,
- 30:53Speaker 4: she was. She was a little with the credit card.
- 30:57Speaker 4: We did do a deep dive in the fighting ants
- 31:00Speaker 4: for both of them, and we had an expert testified
- 31:04Speaker 4: that she spent on average. Get this, Nancy, I'll be
- 31:07Speaker 4: sitting down. I better lay down thirty thirty thousand dollars
- 31:11Speaker 4: a month or her American Express black card.
- 31:14Speaker 2: What's a black card. Oh, it's but does that mean
- 31:18Speaker 2: no limit?
- 31:18Speaker 4: It's no limit.
- 31:19Speaker 2: Well, listen to May clint Rucker. She was working, so
- 31:23Speaker 2: you go right ahead and spend it. He was not
- 31:27Speaker 2: could afford.
- 31:41Speaker 1: Time stories with Nancy Grace.
- 31:45Speaker 2: Isn't there something doctor bethany where people will buy things
- 31:49Speaker 2: and it gives them some kind of sense of gratification,
- 31:51Speaker 2: whether they need it or not.
- 31:52Speaker 6: Yeah, you know, the research shows that the most gratification
- 31:56Speaker 6: occurs the immediate fifteen minutes after you to something, to
- 32:01Speaker 6: buy a great blouse, you're happy for fifteen minutes and
- 32:03Speaker 6: then it drops off precipitously, so then you have to
- 32:07Speaker 6: go and buy something else. And that's how spending compulsions occur.
- 32:12Speaker 6: But I think a good point is that she was
- 32:14Speaker 6: earning that money, and it'd be interesting to know. Was
- 32:17Speaker 6: thirty thousand dollars a month a lot to her? Maybe
- 32:19Speaker 6: it wasn't that much, who knows. You'd have to talk
- 32:22Speaker 6: to her financial planner get an overall sense of her finances.
- 32:26Speaker 2: But hey, I bet she paid for everything, all their food.
- 32:29Speaker 2: She may have even paid that condo mortgage on the Amex.
- 32:34Speaker 2: I mean, or she was one of those.
- 32:36Speaker 6: Women I hear this a lot where the man gets
- 32:39Speaker 6: the woman to pay everything, but he gets you know,
- 32:41Speaker 6: he's a member of her card, like he's another card holder.
- 32:46Speaker 6: Oh so then he throws out the credit card at
- 32:48Speaker 6: dinner and it looks like she's paying if they're taking
- 32:51Speaker 6: a big group of people to dinner, but actually she's paying.
- 32:55Speaker 6: So there's all kinds of really nefarious ways that men
- 32:58Speaker 6: and parasites get the woman to pay and still maintain
- 33:02Speaker 6: their pride.
- 33:02Speaker 2: And I have somehow driven the bus into the weeds.
- 33:06Speaker 2: Mike Pagenic, that was me this time, Doctor Bethany. We
- 33:09Speaker 2: were talking about the glorified yard sale where he sold
- 33:13Speaker 2: all of her possessions, her jewelry, things that mattered to her,
- 33:18Speaker 2: all of her designer clothes and handbags. I remember, as
- 33:22Speaker 2: a matter of fact, I think it was your old
- 33:23Speaker 2: station WSBTV watching them inside this boutique sale. It looked
- 33:30Speaker 2: like a warehouse with all of her.
- 33:35Speaker 3: Beautiful shoes and bags.
- 33:37Speaker 2: And it was very quickly after she's dead, jewelry, furs, hats, everything, Yeah.
- 33:45Speaker 7: And throngs of people showed up to buy this stuff,
- 33:49Speaker 7: you know, sort of secondhand, and it was a madhouse.
- 33:51Speaker 2: You know that reminds me of Mike Pachinic. It reminds
- 33:54Speaker 2: me of Drew Peterson. Well, he's been convicted in the
- 33:57Speaker 2: murder of Kathleen Savio one while, and I believe he
- 34:02Speaker 2: murdered his fourth wife, Stacy Peterson. The moment Stacy goes
- 34:07Speaker 2: missing air quotes, air quotes, he gives away lingerie, her swimsuits,
- 34:13Speaker 2: her fur coat to his girlfriend. I guess to another
- 34:17Speaker 2: woman she wasn't walking back in the front door. Kind
- 34:20Speaker 2: of reminds you of Scott Peterson. The moment Lacy went missing,
- 34:23Speaker 2: quote quoting, he immediately tries to sell a car and
- 34:26Speaker 2: gets the porn channel. This guy, I mean, what does
- 34:30Speaker 2: that say? How much did he make off the sale?
- 34:33Speaker 2: Mike Patentick, I.
- 34:34Speaker 4: Don't have the exact number.
- 34:36Speaker 8: I'm sure Clink can tell you that, but I'm guessing
- 34:37Speaker 8: in the one hundreds of thousands of dollars.
- 34:39Speaker 4: But it wasn't just the money, Nancy.
- 34:41Speaker 7: It was his behavior that friends testified to that really
- 34:46Speaker 7: was sort of a textbook way that you don't act
- 34:48Speaker 7: after your spouse has been, you know, unceremoniously killed.
- 34:52Speaker 2: What like what what?
- 34:53Speaker 8: Patentic just he wasn't distraught. He wasn't emotional. He was
- 34:58Speaker 8: just stoic and very calculated. And how he talked about
- 35:02Speaker 8: his wife after her death, and that struck a lot
- 35:06Speaker 8: of people who testified the wrong way. If my wife
- 35:10Speaker 8: were killed, I'd be I'd be a hot mess.
- 35:12Speaker 3: Yes, Clinton Rucker, give me an example.
- 35:15Speaker 4: Well, I'll give you a really good example. The thing
- 35:17Speaker 4: that was so inconsistent was, on the one hand, he
- 35:21Speaker 4: would tell people, oh, my goodness, Diane was the love
- 35:25Speaker 4: of my life. I don't know how I'm going to
- 35:27Speaker 4: go on without her, and then in that same conversation
- 35:30Speaker 4: say hey, how much do you think I can get
- 35:33Speaker 4: for her fur coat? That kind of inconsistency said to
- 35:36Speaker 4: people that he was desperate for money and he really
- 35:39Speaker 4: didn't give a dog downe about Diane.
- 35:41Speaker 2: Well it ain't over yet. Yes, a jury convicted him,
- 35:46Speaker 2: but we ain't heard the last of Text mcguiver. Listener
- 35:49Speaker 2: our friend Dave mac at Crime on Line cut thirty.
- 35:52Speaker 11: After being sentenced to life in prison, Text mcgiver didn't
- 35:55Speaker 11: go away quietly. He has always said it was a
- 35:57Speaker 11: terrible accident. In June, of the Supreme Court reversed Text
- 36:02Speaker 11: mcgiver's convictions because they said the trial court aired in
- 36:06Speaker 11: denying his request to charge the jury on a lesser
- 36:08Speaker 11: involuntary manslaughter offense.
- 36:10Speaker 2: So the case has been reversed, Clint Rucker, what do
- 36:15Speaker 2: you expect to be done any differently in trial number two?
- 36:20Speaker 3: They convicted him on I believe voluntary.
- 36:23Speaker 4: He was convicted of felony murder based on the felony
- 36:27Speaker 4: of aggravated assault for shooting as well.
- 36:29Speaker 3: Yes, so let me think this through.
- 36:33Speaker 2: For instance, in the murderg trial, if they have any
- 36:36Speaker 2: sense at all when they retry that case, if there
- 36:38Speaker 2: ever is a new trial, granted which I hope there's not,
- 36:41Speaker 2: they will not put his linees self on the stand
- 36:44Speaker 2: because that was nail in his coffin. So what do
- 36:47Speaker 2: you think if anything will be done differently in trial
- 36:51Speaker 2: number two? And they don't seem to be in any
- 36:53Speaker 2: hurry to try it either.
- 36:54Speaker 4: Well, one of the things that Judge McBurney, the trial judge,
- 36:58Speaker 4: ordered the state not to do this time that was
- 37:02Speaker 4: done the first time, is to introduce the notion that
- 37:08Speaker 4: part of the motivation was the existence of a second
- 37:12Speaker 4: will that Diane mcgiver had created in order to ensure
- 37:17Speaker 4: that she maintained control of the farm. As well as
- 37:21Speaker 4: all her personal assets that can't be mentioned or discussed
- 37:25Speaker 4: in the second trial.
- 37:26Speaker 3: Who had a second will? Who's second will?
- 37:28Speaker 4: Diane Magiver?
- 37:29Speaker 3: So if she changed her will to state that what?
- 37:33Speaker 4: So there was a will that existed between Diane and
- 37:36Speaker 4: Text when they first got married, where they split their assets.
- 37:40Speaker 4: Right before her murder, she was talking to lawyers about
- 37:45Speaker 4: creating a second will, a different will that would leave
- 37:48Speaker 4: her assets to her godson and not to Text. There
- 37:55Speaker 4: was a worker at the Cory company who one night
- 37:59Speaker 4: says that Diana and actually asked her to make two
- 38:02Speaker 4: copies of a document that she glanced that and saw
- 38:06Speaker 4: that it said last will and Testament. And so the
- 38:09Speaker 4: theory from the state was that there was a second
- 38:11Speaker 4: will that Diane mcgib were actually executed and that had
- 38:15Speaker 4: gone missing after her death, and that that will will
- 38:19Speaker 4: would have shown Diane's true intent to leave all her
- 38:23Speaker 4: finances to her godson and not to her husband.
- 38:27Speaker 2: Well, this is what I know, Clint Rucker. You need
- 38:30Speaker 2: to come out of that private practice and get back
- 38:32Speaker 2: and ring and retry this case. Ma'am.
- 38:35Speaker 3: We wait as justice some souls.
- 38:37Speaker 2: Goodbye, sir,