Latest / Crime Stories with Nancy Grace / Did high-profile lawyer Tex McIver murder his wife then throw 'estate sale' of her furs and boots?

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Did high-profile lawyer Tex McIver murder his wife then throw 'estate sale' of her furs and boots? · Crime Stories with Nancy Grace

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Speaker 1: on Sirius XM Triumph Channel one thirty two. Text. Mcgiver
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Speaker 1: admits that he shot his wife, Diane as they drove
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Speaker 1: near Piedmont Park. He was accused of murdering his wife
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Speaker 1: last September as they drove home from their Putnam County ranch.
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Speaker 1: He says it was a terrible accident when he was
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Speaker 1: sitting in the backseat of his suv holding a pistol.
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Speaker 1: Shift Absolutely was an accident, and perhaps the best proof
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Speaker 1: for that is me, I am dying a little bit
1:17
Speaker 1: every day. The longtime friending confident of miss mcgiver, says
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Speaker 1: she's certain that Text mcgiver had fallen asleep and was
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Speaker 1: asleep while holding his weapon. He had asked Diane for
1:26
Speaker 1: it because he was concerned about them driving down a
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Speaker 1: street where homeless people were hanging out. He says, it
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Speaker 1: went off and shot his wife, Diane in the back.
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Speaker 1: She's beautiful, she's incredibly intelligent. She's one of the most
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Speaker 1: successful businesswomen in a huge metropolitan area. And she's dead.
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Speaker 1: I Meanancy Grace, this is crime Stories. Thank you for
1:51
Speaker 1: being with us. I'm talking about an incredible woman, Diane McIver,
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Speaker 1: who an empire regarding limo services, cars, everything to do
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Speaker 1: with the livery trade. She's dead now. According to a
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Speaker 1: family best friend, she and her husband and the friend
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Speaker 1: were driving back from their ranch, driving through downtown when suddenly, bam,
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Speaker 1: a gun goes off from the back seat, a gun
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Speaker 1: being held by her husband, Text McIver that coincidentally shoots
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Speaker 1: his wife dead. Trial is happening now and we are
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Speaker 1: live in the courtroom joining me probably an investigator Vincent
2:41
Speaker 1: Hill on the story. Dr Brian Russell host of investigation
2:45
Speaker 1: Discoveries Fatal Vows lawyer and psychologist and Alan Duke reporting
2:50
Speaker 1: Vincent Hill, how did the whole thing get started? Wait? Wait, Vincent,
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Speaker 1: listen to the prosecution opening statement. Defendant didn't have a
3:01
Speaker 1: pension and our expert was testify that based upon his
3:05
Speaker 1: spending habits, it would be depleted in two years after
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Speaker 1: he retired. And in addition to that, without the money
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Speaker 1: from Diana he was receiving every month on the tip
3:18
Speaker 1: of her death to defend it wouldn't even have one
3:26
Speaker 1: of dollars. As a matter of fact, without Diane's money
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Speaker 1: on the day that she died, his account would have
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Speaker 1: been negative over five thousand dollars. You're gonna hear then
3:42
Speaker 1: when she drafted the will in two thousand and sixteen,
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Speaker 1: then the ranch would go to the defendant. If she
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Speaker 1: foreclosed on the ranch. It was her intent for the
3:53
Speaker 1: ranch to go to Austin, and you're gonna be here.
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Speaker 1: In the days after Diane was shot and in the
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Speaker 1: of fendant goes to talk to two homicide detectives at
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Speaker 1: a p D and without any prompting, he tells them
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Speaker 1: I like to be in control. And on September two
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Speaker 1: thousand and sixteen, Diane was making all of the money.
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Speaker 1: Diane owned the two condos in Buckhead. Diane could take
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Speaker 1: the ranch, this wrench, according to the witnesses, that was
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Speaker 1: his pride and joy, this ranch that he would go
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Speaker 1: to every weekend, that he would host parties at, that
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Speaker 1: he would go shooting at. Diane could take from him.
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Speaker 1: On Diane's death, he went from negative five thousand dollars
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Speaker 1: to over one point one million dollars cash instantly, and
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Speaker 1: he was the executor. I wanted the beneficiary of Diane's
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Speaker 1: seven million dollars state the easiest way for him to
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Speaker 1: gain control was to kill Diane m hmm. And on Sunday,
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Speaker 1: September twenty, two thousand and sixteen, the evidence was showing
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Speaker 1: that that is just what he did. But wait a minute,
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Speaker 1: the defense gets an entirely different picture. Listen, there's really
5:15
Speaker 1: one thing that you need to know about entire and
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Speaker 1: Diana Hire to know that he did not be senial
5:23
Speaker 1: and she was like and that is that you love her.
5:27
Speaker 1: She loved her, immatly loved her, and she loves that.
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Speaker 1: You were going to hear from Moral Businesses that they
5:36
Speaker 1: had a relationship that people were in the side that
5:40
Speaker 1: they see lad loved birds even atter ten years of marriage.
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Speaker 1: That text the lord him that she loved him and
5:49
Speaker 1: that they were clearly part of how to the nery
5:53
Speaker 1: to echo, and that's why he didn't intentionally she So
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Speaker 1: there are some acts that you don't speed in this case,
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Speaker 1: actually maybe quiet of you why back. You are not
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Speaker 1: going to have to decide is did test intention is
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Speaker 1: to test you? Diane? Yes he did. We are not
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Speaker 1: telling you that the gun was sitting on the seat
6:15
Speaker 1: next to him the caccidentally. Well, we are not telling
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Speaker 1: you that the gun is malfunctioned. No one is going
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Speaker 1: to ask you to decide he was holding the run
6:25
Speaker 1: whenever they are it was test. That's not a discuste
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Speaker 1: And don't worry about that. The question you have to
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Speaker 1: decide wasn't intentional? That every show is decide nothing to stable?
6:40
Speaker 1: Was that to you? Will prove that this was not
6:43
Speaker 1: an accident. So, Vincent Hill, what's happening in the courtroom, Well, Nancy,
6:50
Speaker 1: there's been a lot of back and forth between the
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Speaker 1: prosecution and the defense. The prosecution says their theory the
6:56
Speaker 1: motive was financial. Of course, Diane, like you said, was
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Speaker 1: very wealthy. She had built an enormous sum of money
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Speaker 1: through her business dealings. Of course, the defense wait a minute,
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Speaker 1: backing up, backing up, let's talk about her business dealings.
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Speaker 1: And don't you know, I know she had a lot
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Speaker 1: of money, Vincent Hill, because she hadn't been cold in
7:15
Speaker 1: the ground over what a month before husband had a
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Speaker 1: quote estate sale a garage Hill. Basically, anybody in the
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Speaker 1: whole city, in the metropolitan area could pick through her belongings.
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Speaker 1: Didn't take long for that, and it was a whole
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Speaker 1: like a warehouse full of designer clothes, shoes, handbags, furs,
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Speaker 1: gorgeous jewelry, to the tune of a couple of million
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Speaker 1: dollars worth of duds. He put that stuff on the
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Speaker 1: market pronto. You know what. You know what, Vincent Hill,
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Speaker 1: I hold on to my fiancee's a few little belongings
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Speaker 1: that I had of his since he was murdered, and
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Speaker 1: and I just don't think I could part with them.
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Speaker 1: And I carry with me at all times my dad's
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Speaker 1: handkerchief I since he passed away. You know what, you'd
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Speaker 1: have to fight me tooth and nail to get ahold
8:17
Speaker 1: of those things. But apparently text mccoyvor did not feel
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Speaker 1: the same way. As a matter of fact, is it true,
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Speaker 1: Vincent Hill, that within a few days after his wife
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Speaker 1: dead from a gunshot wound from his gun, another woman
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Speaker 1: is wearing her boots, her favorite boots, Jackie, you see
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Speaker 1: my boots. If my husband gives these boots somebody else
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Speaker 1: call the police. Well, is that true or is that
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Speaker 1: just a rumor? Nancy? That is true? That did come
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Speaker 1: up in court this past Friday. Lady named Annie Anderson
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Speaker 1: who is in Massus, who is known to both Text
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Speaker 1: and I White white, white of what that's how the
9:03
Speaker 1: prosecution payment her. Annie the Massus she's a massa's therapist
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Speaker 1: licensed in the state of Georgia, and she was friends
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Speaker 1: with both Text and Diane. There was a witness, James Grover,
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Speaker 1: who's a friend of Diane, who saw Andy at the
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Speaker 1: ranch about a week later wearing those boots, and he
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Speaker 1: testified that he Mr Grover actually purchased those boots for Diane,
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Speaker 1: so he knew those were their boots. Waite, Vincent plays,
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Speaker 1: just slow down, slow down, I'm drinking from a fire
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Speaker 1: hydrant here, too much, too fast? Tell me about her
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Speaker 1: favorite boots. Okay, we are talking about Diane mc ivor,
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Speaker 1: who built this business empire with her own two hands,
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Speaker 1: the husband that owed her what I don't know, three
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Speaker 1: d and half a million, three hundred thousand and half
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Speaker 1: a million dollars. She's dead and the masseuse is wearing
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Speaker 1: her boots. Now slow down and tell me the whole thing.
9:59
Speaker 1: So MS Grover, who purchased the boots, said he was
10:02
Speaker 1: at a cracker barrel one day he saw these rain boots.
10:05
Speaker 1: Did you just say crackle barrel? It's crack or barrel,
10:09
Speaker 1: cracker barrel restaurant. And Uh, he saw these rain boots
10:17
Speaker 1: that he knew Diane would love. He purchased those, I think,
10:19
Speaker 1: he said, as a Christmas gift, and he gave those
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Speaker 1: to Diane. Diane said she would keep those at the ranch. Uh.
10:27
Speaker 1: And again this is the spot where he saw any
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Speaker 1: Anderson wearing these boots that he had given to Diane
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Speaker 1: about two years prior to her death. Dr Brian Russell,
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Speaker 1: have you ever been in a cracker barrel? I never had.
10:40
Speaker 1: I had a funny feeling you were going to say that, Um,
10:44
Speaker 1: a cracker barrel is um Southern cooking. It's vegetables, meat, chicken, fish,
10:54
Speaker 1: to go with your veggies, and to get to the food,
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Speaker 1: you have to walk through a gift shop. And I'm
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Speaker 1: betting your money these they're very unique items. And uh,
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Speaker 1: I guarantee these boots or not just your regular green galoshes.
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Speaker 1: I guarantee you and I don't have to see them.
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Speaker 1: That they had something funny written on them, that they
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Speaker 1: had faces on them, they had some bizarre thing to
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Speaker 1: them to become her favorites. And the Masseus, the female Masseus,
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Speaker 1: was wearing them the next week. Now, I'm sure the
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Speaker 1: defense will argue that has nothing to do with anything,
11:33
Speaker 1: but tell me the reaction of the women on the
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Speaker 1: jury and in the courtroom, Vincent Hill, when it came
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Speaker 1: out the Masseuse was wearing her boots in about two
11:41
Speaker 1: or three days. Oh my gosh, Nancy, I I was,
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Speaker 1: you know, stoked, eyebought stoked on the jury and all
11:48
Speaker 1: of the females their eyes perked up and they had
11:51
Speaker 1: the oh no, he didn't look on their face, and
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Speaker 1: they set up in their chair and they started writing
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Speaker 1: notes and it didn't look too good for the the defense.
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Speaker 1: But the defense did come back during cross examination and say, hey,
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Speaker 1: we don't know if Diane said Annie of them Massius
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Speaker 1: who was a friend to Diane, to where those boots
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Speaker 1: are in the event of her death, that she could
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Speaker 1: have those boots. But it was that look on the front. Well,
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Speaker 1: I can't believe the defense even bother to even go
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Speaker 1: there and bring it up in the difference in the
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Speaker 1: jury's mind. Again, about the boots, it's the last thing
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Speaker 1: I'm thinking about. Who I'm gonna give my cowboy boots too.
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Speaker 1: I can tell you that right now I plan to
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Speaker 1: wear them. I'm not making any provisions for my favorite
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Speaker 1: boots other than I'm going to wear them and get
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Speaker 1: them resold now. Dr Brian Russell hosts of investigation Discoveries
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Speaker 1: Fatal Vows. You're also a lawyer and a psychologist. I
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Speaker 1: guess you think that means nothing right there. It would
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Speaker 1: be a cold day in h E Double l before
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Speaker 1: this woman gave away your boots. Well, so here's the thing.
12:49
Speaker 1: A lot of times people ask us, and in episode
12:53
Speaker 1: after episode we talk about people's behavior after their spouse
12:58
Speaker 1: has passed away, and and all of our episodes are
13:01
Speaker 1: about murders, So after that spouse has been murdered and
13:03
Speaker 1: and we talk about the fact that you know, there's
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Speaker 1: behavior that is clearly indicative of some kind of wrongdoing,
13:12
Speaker 1: and then there's behavior that just is uh. It raises
13:17
Speaker 1: the hair on the back of your neck. And you
13:19
Speaker 1: made a good point earlier in the show where you
13:21
Speaker 1: talked about the fact that people who you really have loved,
13:24
Speaker 1: who have passed away and left things with you, you
13:27
Speaker 1: cherish those things and and it would be very hard
13:30
Speaker 1: for you to part with those things. And so that's
13:32
Speaker 1: kind of what we expect of a spouse whose spouse
13:36
Speaker 1: passes away, and the surviving spouses really torn up about it.
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Speaker 1: And so when we see a spouse, you know, easily
13:43
Speaker 1: passing out the things of the deceased spouse, it's, uh,
13:48
Speaker 1: it's a little weird. Now that said, you know, this
13:51
Speaker 1: woman apparently had lots and lots and lots of things,
13:54
Speaker 1: So you know, was he supposed to keep all the
13:56
Speaker 1: things the rest of his life? Probably not, But this
13:59
Speaker 1: is concerning because it's pretty quick. You're also I was
14:02
Speaker 1: just gonna say, no, I don't expect him to keep
14:05
Speaker 1: a warehouse full of clothes, But within the first few
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Speaker 1: days of losing your soul mate, I don't believe I'd
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Speaker 1: be concerned with giving away her boots. You know what
14:15
Speaker 1: hold on? I want you to take a Listen to
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Speaker 1: what the husband text McIver said. Hey looked up and
14:25
Speaker 1: didn't look at me, but looked past me and said,
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Speaker 1: I don't trust these guys. Danny Joe. I hate to
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Speaker 1: see you get wrapped up in this. I've seen how
14:35
Speaker 1: these things can go down. Yes, yes, what do you say?
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Speaker 1: I don't trust these guys, Danny Joe. I hate to
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Speaker 1: see you get wrapped up in this. Did you say
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Speaker 1: what you no? What's the next thing? He said, I've
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Speaker 1: seen how these things can go down. You just need
15:04
Speaker 1: to um, You just need to say you came down
15:08
Speaker 1: here as a friend of the family. Who did you say.
15:14
Speaker 1: I leaned down and I said, text, I just drove
15:17
Speaker 1: you into the emergency room. See it one more time.
15:22
Speaker 1: You drifted off a little bit, Okay. I leaned down
15:24
Speaker 1: and said, tex I just drove you into the emergency room.
15:30
Speaker 1: And why did you tell him that? Well, because if
15:34
Speaker 1: I just drove down there as a friend of the family,
15:40
Speaker 1: there was no other reason. There was no reason for
15:42
Speaker 1: me to be down at Emory Hospital in Decatur, where
15:45
Speaker 1: I never go with no car. At ten o'clock on
15:48
Speaker 1: a Sunday night, you know, fifteen minutes after his wife
15:52
Speaker 1: had been shot. How was I supposed to explain that
15:59
Speaker 1: mm and something to this classes that He looked at
16:02
Speaker 1: me and he says, well, they don't know that. Well,
16:05
Speaker 1: let that took my breath away. It took your breath
16:09
Speaker 1: away when he said that, Yes, okay? And so then
16:13
Speaker 1: what did you say back to him? I said, I
16:15
Speaker 1: can't lie. And then what happened? He said, Oh, I'm
16:22
Speaker 1: not asking you to do that. That was Danny Joe Carter,
16:26
Speaker 1: Diane mccoiver's very best friend and the lone witness to
16:29
Speaker 1: the shooting, and she was claiming that the husband text
16:32
Speaker 1: McCarver asked her with him just hours after shooting his
16:35
Speaker 1: wife dead to tell police she wasn't even in the
16:38
Speaker 1: car when it all went down. Now, listen to what
16:41
Speaker 1: the defense attorney did on cross. The context here is
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Speaker 1: I hate to see you get wrapped up in this, stady, Joe. Right, Yes,
16:54
Speaker 1: you're already wrapped up in it. You're already driving the
16:58
Speaker 1: car in correct, Yes, you're already un surveillance correct. Um,
17:04
Speaker 1: you're already have handed the valet the keys. One you've
17:11
Speaker 1: handed the folks at Emory Diane's information and identification. Correct,
17:18
Speaker 1: you have gone back out to the vallet to get
17:21
Speaker 1: the phone and come back in. Correct? And um, then
17:25
Speaker 1: he see the I hate to get you involved in this, Danny, Joe.
17:31
Speaker 1: Just tell him you're here as a family friend, just
17:39
Speaker 1: because the Martians would have come down and driven the
17:43
Speaker 1: car in, you know, Um, wouldn't that just the dumbest
17:48
Speaker 1: thing you've ever heard? Of course, it didn't make sense.
17:56
Speaker 1: There's no question. There's no question the text mac ivor
18:02
Speaker 1: who's the person who shot his wife? Right? That's what
18:08
Speaker 1: I mean. There was no question about that. Nobody was
18:12
Speaker 1: denying that. It wasn't correct. It wasn't a mystery. Correct,
18:19
Speaker 1: you drove the car in on video and we're they're
18:23
Speaker 1: giving information to video and any people that I and
18:26
Speaker 1: all that. It was just stupid London. That's fine text.
18:35
Speaker 1: I'm just driving into me, right and and and you
18:40
Speaker 1: know that was it. And he said, I'm not telling
18:45
Speaker 1: you to lie, right. He didn't say that, Okay, but
18:50
Speaker 1: he said that afterwards, didn't he sure? And he said,
18:56
Speaker 1: I'm not telling you to do that, you know, to
18:59
Speaker 1: private invest to get her. Vincent Hill the one thing
19:01
Speaker 1: you don't want to do is when it's harmful testimony,
19:05
Speaker 1: unless you're explaining it, you know, explaining it away, you
19:08
Speaker 1: don't keep bringing it up. But that's exactly what Bruce
19:12
Speaker 1: Harvey did. He brought it up again that he wanted
19:16
Speaker 1: Testamentiver wanted Danny to lie about being in the car. Vincent,
19:21
Speaker 1: what's the scenario? Just give me the nuts and bolts
19:24
Speaker 1: for those people just joining us. What happened in the
19:27
Speaker 1: car the night Diane McIver was shot in the back?
19:32
Speaker 1: Pick it up from the ranch in Putnam County into Georgia. Well,
19:37
Speaker 1: the story goes that the three Danny, Joe, Carter, Text
19:41
Speaker 1: and Diane were out at a restaurant drinking. They're on
19:44
Speaker 1: the way back to the condo and Buckhead here in Atlanta, Georgia,
19:49
Speaker 1: And it was an expensive one to just putting it on,
19:52
Speaker 1: putting it out there, not judge, go ahead. There was
19:57
Speaker 1: some type of traffic on on the highway, which is standable.
20:00
Speaker 1: It is Atlanta. They got off and Texas in the
20:03
Speaker 1: back seat, see that directly behind Diane Danny Joe was driving.
20:08
Speaker 1: They're in supposedly a bad neighborhood where there's some protests
20:11
Speaker 1: going on black bad neighborhood. You mean Midtown where I
20:14
Speaker 1: used to live for years and years and years, not
20:16
Speaker 1: far from the courthouse. Well, well, this is Texas testimony.
20:20
Speaker 1: His story. You know, one person he thought was breaking
20:24
Speaker 1: into his car. There's one person missing from this story
20:28
Speaker 1: who can't tell their version. But at any rate, text
20:30
Speaker 1: says that he told Diane the passing the gun which
20:33
Speaker 1: was wrapped in the plastic with him a gun? Why
20:37
Speaker 1: just scared the other day? Why where were we wh
20:41
Speaker 1: were were looking for a KFC. Not that I'm encouraging
20:44
Speaker 1: the children to eat crazy food, but we're looking for
20:47
Speaker 1: a KFC. And um they one of the children said, Mom,
20:56
Speaker 1: there's a guy on the corner wearing a two too
21:00
Speaker 1: up army boots. And I immediately with the power lock,
21:07
Speaker 1: locked the doors, and I went, I really were And
21:11
Speaker 1: they're still asking me like the door and I looked
21:16
Speaker 1: over and and the guy was dressed in full army
21:20
Speaker 1: gear like he was going to storm, something like swat
21:24
Speaker 1: gear and a tu tou And I'm he might swarm something,
21:28
Speaker 1: but it's not gonna be this minivan. I can tell
21:31
Speaker 1: you that much. So why didn't they just lock the
21:35
Speaker 1: doors and stop at the red light and keep going. Now,
21:37
Speaker 1: so he thinks he's in a dangerous area of town
21:40
Speaker 1: where I lived when I was a prosecutor, and what
21:44
Speaker 1: there was somebody standing at the corner. How did black
21:46
Speaker 1: lives matters get into this? Well, I think there was
21:50
Speaker 1: some protests going on in the city that that weekend
21:53
Speaker 1: or that day in particular. And you know he also
21:57
Speaker 1: brought up to so let me guess, are they aiming
22:00
Speaker 1: the black man? Again? I don't think he blamed the
22:03
Speaker 1: black man. I mean, it's definitely not a case of
22:06
Speaker 1: who'd done it. They did it, But why didn't you
22:09
Speaker 1: get the gun? What was he afraid of the red light?
22:12
Speaker 1: He said he was nervous and nervous. I thought that.
22:17
Speaker 1: I thought at one point it was because they were
22:18
Speaker 1: near the homeless shelter, nervous because they were in a
22:22
Speaker 1: bad neighborhood and they were Black Lives Matter of protesters,
22:25
Speaker 1: and he just felt nervous. And he told day in
22:28
Speaker 1: the passing the gun and at some point he got nervous. Okay,
22:34
Speaker 1: he got nervous, And Alan Duke, you've been covering it too,
22:38
Speaker 1: So I've got a pot pourri of choices about why
22:40
Speaker 1: he was nervous one. It was at night. Okay, I
22:44
Speaker 1: would not draw a gun because it was at night,
22:46
Speaker 1: But that that's him. Then let's say he was in
22:49
Speaker 1: a bad part of town. Then he was near a
22:51
Speaker 1: homeless shelter, which I would like to point out he
22:54
Speaker 1: was not. And then although he may have passed one
22:58
Speaker 1: the midtown, the one on Courtland, but that's on Courtland. Yeah,
23:02
Speaker 1: and that's not the north. But wait a minute, it's
23:05
Speaker 1: not that far if you've been coming down Courtland and
23:08
Speaker 1: then blah blah. So it's it's in the vicinity. I'm
23:11
Speaker 1: trying to help the man out for a minute. So
23:14
Speaker 1: it's not bad area, homeless shelter and black lives matter
23:19
Speaker 1: that got thrown in the mix. So he asks the
23:22
Speaker 1: friend Danny to pass him the gun. Okay, go ahead. Yeah. Well,
23:30
Speaker 1: first of all, I also lived in that area back
23:33
Speaker 1: when I was a local reporter in Atlanta, and there
23:35
Speaker 1: is that homeless shelter there, which, by the way, they're
23:38
Speaker 1: now in the process of moving trying to clean up
23:40
Speaker 1: the area in gentrify it a little bit. But it's
23:42
Speaker 1: a pretty safe area. Actually, I resemble that comment. Yeah,
23:46
Speaker 1: you don't have to clean up the it's the area.
23:51
Speaker 1: Resent that, But go ahead, when you and I go
23:54
Speaker 1: out to lunch in Atlanta, it's usually right in that
23:56
Speaker 1: neighborhood right over at Maryex. Yeah, that's right. And I've
24:00
Speaker 1: never had a problem with the whole potless shelter. In fact,
24:02
Speaker 1: I found a lot of witnesses in that homeless shelter.
24:04
Speaker 1: Go ahead, yeah, yeah. So in the interview, the police
24:08
Speaker 1: interview mc iver gave days after the death, he came
24:14
Speaker 1: up with this scenario of how he was afraid. Plus
24:17
Speaker 1: he also had a friend of his, Bill Crane, who
24:21
Speaker 1: was his spokesman, give the Atlanta Journal constitution and interview
24:26
Speaker 1: in which he purported that it was because he was
24:29
Speaker 1: afraid of black lives matter. Well, that really backfired on
24:31
Speaker 1: him in public, and in fact, his own lawyers didn't
24:34
Speaker 1: like that at all. But let's hear that police interview.
24:38
Speaker 1: Then Joe came to a stop and just time to
24:46
Speaker 1: wake up. But came to a stop and uh, I
24:53
Speaker 1: was handling the gun. He was in my lap. Danny
24:59
Speaker 1: Joe Carter, the woman driving, also described hearing a big boom. Listen,
25:05
Speaker 1: we were sitting at another intersection and I was sitting
25:09
Speaker 1: here with both with both wheels on the stairs, both
25:12
Speaker 1: hands on the stairing wheel, and when he asked her
25:15
Speaker 1: to pass in the gun, she opened the console and
25:21
Speaker 1: I looked. I looked in there, and I didn't see it.
25:25
Speaker 1: And can you explain to the jurors why didn't you
25:27
Speaker 1: see it? He was in a plastic bag. She looked
25:33
Speaker 1: in there, and as she was looking, Tech said, it's
25:36
Speaker 1: in the bag. And so she just reached over and
25:42
Speaker 1: got it. And I'm sitting here with both of my
25:44
Speaker 1: hands on and shut the console and handed it to him. Okay,
25:51
Speaker 1: And so either at the intersection of Piedmont and twelve
25:54
Speaker 1: or Piedmont and fourteen, can you tell the jurors where
25:57
Speaker 1: you actually stopped at a red line? When her yes,
26:06
Speaker 1: can you say to the jurors whether or not, Um,
26:10
Speaker 1: you hit up ball? No, we did not. And when
26:16
Speaker 1: you were acqule bred like, can you tell the jurors, Um,
26:21
Speaker 1: what happened? Well, we were sitting at the light and Um,
26:27
Speaker 1: I had both hands on the staring wheel because it's
26:29
Speaker 1: a big vehicle, and I was watching the light and
26:32
Speaker 1: I hear click, click click, and I looked at Diane
26:36
Speaker 1: and asked her what she was doing. She said, I'm
26:38
Speaker 1: just making sure, the doors locked, and she said, there,
26:43
Speaker 1: like it's locked. And I looked at mine and my
26:44
Speaker 1: door lock was up. So I hit the button and
26:47
Speaker 1: locked the doors. And I said, no, now they're locked.
26:50
Speaker 1: And I think that's the last thing that she said
26:57
Speaker 1: before I heard a big boom, and I didn't I
27:03
Speaker 1: didn't know what it was. I thought there was an
27:05
Speaker 1: explosion somewhere and my but my head turned to the
27:09
Speaker 1: right and I looked out the window and wondered where
27:14
Speaker 1: there was an explosion, or if somebody behind us was
27:18
Speaker 1: getting ready to hit us, or something had happened behind us.
27:21
Speaker 1: I did not realize that that it was a gunshot
27:24
Speaker 1: right away. It was loud, and so can you tell
27:30
Speaker 1: the jurors and what happened next? Diane turned around like
27:37
Speaker 1: she turned around this way, she flung around, and she says, text,
27:40
Speaker 1: what did you do? Text? What did you do? And
27:48
Speaker 1: did you say anything? He said, the gun discharged? And
27:55
Speaker 1: so what did you do? When Diana, I haven't turned
28:00
Speaker 1: around When she turned around, I turned around and realized seconds.
28:05
Speaker 1: This was all happening in seconds, and I saw a
28:08
Speaker 1: puppa smoke and I could see his hand, his hands,
28:12
Speaker 1: and I could see the top of the gun. I
28:14
Speaker 1: could see part of the gun his hands and some
28:17
Speaker 1: of the bag, and his hand was moving like this.
28:24
Speaker 1: What happened next? I turned back around and sat in
28:31
Speaker 1: the seat with my hands on the wheel, look staring
28:34
Speaker 1: at the red light. What mental impression did you have
28:38
Speaker 1: about what caused the sent the gun? And did you
28:43
Speaker 1: say anything? Now? What did you do? Mass? I turned
28:48
Speaker 1: around and stared at the red light with both hands
28:51
Speaker 1: on the steremol why did you do that? Because I
28:55
Speaker 1: wanted to get out of that car. I wanted to
28:58
Speaker 1: get home and be out of that car. And why
29:03
Speaker 1: did you want to get out of that car? I
29:05
Speaker 1: thought there was a bullet hole in the bottom of
29:07
Speaker 1: the car because the gun was pointing down from what
29:12
Speaker 1: I could see when I looked at it. What did
29:15
Speaker 1: you expect I had to do? She? I expected her
29:21
Speaker 1: to light into him. And did you no? What happened?
29:30
Speaker 1: She turned around and sat straight up. She's only about
29:35
Speaker 1: Tinna just talder with me, very straight. She just sat
29:43
Speaker 1: there for a second and we were I was still
29:45
Speaker 1: waiting for the light to change. Did Mr mcgui was
29:50
Speaker 1: saying anything during that time? No? So what happened next? After?
29:58
Speaker 1: I had to have a set straight though I could
30:01
Speaker 1: see out of the side of my eye, um, the
30:04
Speaker 1: way I can see her sitting here. And she leaned
30:06
Speaker 1: forward and started doing like this and kind of lean
30:13
Speaker 1: yeah like that. What happened? She said, Text, you shot me?
30:23
Speaker 1: Never see that. I heard her say that. What happened? Well,
30:30
Speaker 1: for a halfpened a little bit, I mean a second,
30:36
Speaker 1: less than a second. I thought it was a joke,
30:39
Speaker 1: and then I realized it wasn't. And then I knew
30:43
Speaker 1: that I had to to get to the nearest emergency room.
30:47
Speaker 1: But what happened this? Um, I started um blinking my
30:55
Speaker 1: lights and honking my horn to see if I could
30:56
Speaker 1: get the guy that was in front of me to move,
30:59
Speaker 1: and looking for the emergency blinkers. And I asked Text
31:02
Speaker 1: where the closest emergency ring was, And what did you say?
31:10
Speaker 1: He said, he said, Emory. We should go to Emory.
31:13
Speaker 1: And I said, you're going to have to tell me
31:15
Speaker 1: how to go. You know which way to get there
31:18
Speaker 1: because I don't know. And so did you look over
31:23
Speaker 1: at Dianada did you say anything to her temple with
31:26
Speaker 1: sister anything like that? Yes? I looked over at her
31:30
Speaker 1: and called her name, I called Diane. Yes, and what
31:36
Speaker 1: does she look like? She was breathing? Really she was.
31:42
Speaker 1: She was breathing really hard and you know, kind of
31:47
Speaker 1: like panicky any time, defense saying what did you do?
31:55
Speaker 1: He leaned forward and was holding her head with both
31:58
Speaker 1: hands and was saying Diane, Diane to Dr Brian Russell,
32:06
Speaker 1: host of Investigation Discoveries Fatal Vowe series, A lawyer and psychologist,
32:11
Speaker 1: go ahead and rub it and Dr Brian Russell. Dr Russell,
32:14
Speaker 1: nothing can make it look bad more than scheming after
32:21
Speaker 1: the fact. Listen to what text mcabor says in his
32:25
Speaker 1: own voice. This is a voicemail he leaves behind to
32:30
Speaker 1: Danny Joe Carter's husband Tom Carter. Listen, let me just
32:37
Speaker 1: be playing days about to send me a Pristan Stories voice.
32:43
Speaker 1: Call me a right away. You'll have no idea. The
32:46
Speaker 1: problem is problem is innocent, absolutely, lady read so Dr
32:53
Speaker 1: Brian Russell. Between asking her to lie and getting to
32:58
Speaker 1: her husband to get to a factor testimony, that looks bad,
33:02
Speaker 1: but that does not necessarily mean he meant to kill
33:05
Speaker 1: his wife. Well yeah, again, it's more of this behavior
33:08
Speaker 1: that you have to put yourself in the position for
33:11
Speaker 1: a minute of somebody who uh imagine that that you
33:15
Speaker 1: genuinely did accidentally kill someone close to you. And so
33:22
Speaker 1: after the fact, are you going to be uh sitting
33:26
Speaker 1: there thinking up ways to make it look different and
33:30
Speaker 1: lie and ask others to lie about it. No, you're
33:32
Speaker 1: gonna be uh, You're gonna be freaking out. You're gonna
33:35
Speaker 1: be trying to get the person help immediately. You're gonna
33:38
Speaker 1: be trying to get everybody who's around to help. You're
33:42
Speaker 1: gonna be distraught, maybe even suicidal yourself about the damage
33:47
Speaker 1: that you've done. And we're not seeing that here. What
33:50
Speaker 1: we're seeing is somebody who is immediately in self preservation mode,
33:54
Speaker 1: apparently thinking about how am I going to keep myself
33:58
Speaker 1: from having consequences? And right there that that throws a
34:03
Speaker 1: huge cloud over any kind of uh oh, it was
34:07
Speaker 1: an accident argument back to you, private investigator, Vincent Hill.
34:13
Speaker 1: We were right in the middle of you explaining what
34:14
Speaker 1: happened before I got off on a tangent about all
34:17
Speaker 1: his stories changing. Vincent, I told you this before. I
34:21
Speaker 1: had a judge, Judge Albertson, that would tell the jury
34:24
Speaker 1: every jury trial, it's your duty to make all witnesses
34:28
Speaker 1: speak the truth, and in being perjury on no one.
34:31
Speaker 1: And what I find significant about that here is, could
34:35
Speaker 1: several of his statements co exists truthfully? Did he think
34:40
Speaker 1: they were in a bad area of town? Was he
34:42
Speaker 1: worried about a homeless shelter? Did he ask for the
34:45
Speaker 1: gun for those reasons? I could at all be true.
34:49
Speaker 1: Let's get back to your sent scenario. You're in court
34:52
Speaker 1: every single day. Vincent. He's driving, He's in the backseat
34:56
Speaker 1: of the car. He's sitting behind his wife, Danny Joe
34:59
Speaker 1: Carter is driving. The wife is in the front seat.
35:02
Speaker 1: They are coming through midtown. Then what happens, Vincent once
35:07
Speaker 1: the gunn has passed the text at some point, uh,
35:10
Speaker 1: and the story has been conflicting. He was asleep and
35:13
Speaker 1: it went off, or and they went over a bump
35:14
Speaker 1: and it went off. But at any rate, it went off.
35:18
Speaker 1: Diane was struck in the back. According to Danny Joe's testimony,
35:23
Speaker 1: she looked back at texts and said, text, you shot me.
35:26
Speaker 1: And Danny Joe originally thought it was a joke until
35:30
Speaker 1: she saw, you know, Diane, and an immense amount of pain.
35:36
Speaker 1: And that's when they started proceeding to Emory. And you
35:39
Speaker 1: know what's interesting about Emory is wasn't the closest hospital,
35:43
Speaker 1: and it's not a trauma hospital right Emory. He could
35:47
Speaker 1: have easily gotten to Grady, which has one of the
35:50
Speaker 1: best trauma units in the region. I've been a Grady
35:54
Speaker 1: a million times with trauma patients, gunshot, wounds, you name it.
35:58
Speaker 1: That was was probably less than a mile maybe two
36:01
Speaker 1: miles away, max and a straight shot. So they go
36:05
Speaker 1: to Emory, and what happens when they get to Emory Vincent.
36:09
Speaker 1: You know, they arrived at Emory, Diane's it's carted off,
36:14
Speaker 1: you know, they get treatment. Text I believe had already
36:17
Speaker 1: called or began to call his attorney. Actually, Danny Joe
36:22
Speaker 1: testified that text told her to get his cell phone
36:25
Speaker 1: out of the car, at which time he called his
36:27
Speaker 1: attorney to come to the scene. Diane was rushed off
36:31
Speaker 1: to emergency surgery and then unfortunately, you know, we know
36:35
Speaker 1: the outcome of that. She she didn't recover from that
36:37
Speaker 1: gun shot. Well, it's interesting, um that when she first
36:42
Speaker 1: got there, she Diane Mcli didn't really seem to know
36:46
Speaker 1: what had happened to her. She was sitting in the
36:49
Speaker 1: front seat of the car of her car, and suddenly
36:52
Speaker 1: she's shot from behind and she gets rushed to Emory
36:57
Speaker 1: Hospital and they go, ma'am, did you shoot stop by accident?
37:00
Speaker 1: And she goes, no, my husband shot me. It was
37:02
Speaker 1: an accident. She doesn't know what happened in the back seat.
37:07
Speaker 1: She's just assuming it was an accident. But then later
37:11
Speaker 1: to Alan Duke what happened when she was asked just
37:15
Speaker 1: before she died, do you want to see your husband? Well,
37:19
Speaker 1: the doctor who was by her deathbed was talking to her.
37:22
Speaker 1: He knew that the end was probably near, and he said,
37:25
Speaker 1: would you like to see her your husband? And well
37:28
Speaker 1: she said no, whoa question? It got lost in the
37:33
Speaker 1: Sauce Vincent Hill. So you said, they're coming through midtown
37:37
Speaker 1: and all he asked for the gun, then he shoots her.
37:40
Speaker 1: Wasn't there something about they went over a bump that
37:43
Speaker 1: was one story and he had his finger on the
37:45
Speaker 1: trigger and he shot by accident. Another was that he
37:49
Speaker 1: fell asleep and then woke up, startled and pull the trigger.
37:54
Speaker 1: What what what do we know about what caused him
37:56
Speaker 1: to pull the trigger? We don't know the answer, and
37:59
Speaker 1: your absolute lee right. There's been two versions that they
38:02
Speaker 1: went over a bump, a bump and the gun went
38:04
Speaker 1: off and The other version was he has some type
38:07
Speaker 1: of sleep disorder and he woke up, startled and pulled
38:10
Speaker 1: the trigger which cost the shot. Now, what I will
38:13
Speaker 1: say me being a let's just say a firearm expert,
38:17
Speaker 1: I've been around guns for the last twenty five years
38:19
Speaker 1: of my adult life. I'm licensed secure here in the
38:22
Speaker 1: state of Georgia. The one thing you never do is
38:25
Speaker 1: pass a loaded gun around in a small, confined vehicle.
38:29
Speaker 1: That's just something you don't do. Now does that make
38:31
Speaker 1: him a killer? Does that show intend that he had
38:34
Speaker 1: intend to murder? No, it doesn't, as it proves something
38:37
Speaker 1: that was very ignorant. Absolutely it does. That's something you
38:41
Speaker 1: just don't do. Now. Interesting. Uh. The defendants reputation took
38:47
Speaker 1: a beating in court from his wife's business associates and friends.
38:54
Speaker 1: I find that very telling. Dr Brian Russell and I
38:59
Speaker 1: haven't made up my mind on text mciver's guilty innocence yet.
39:02
Speaker 1: But you know, if you asked any of my friends
39:05
Speaker 1: about my husband David, they would say I think nothing
39:08
Speaker 1: but glowing things about him. That's not true. Here, his wife,
39:13
Speaker 1: Diane's business associate. She was the one bringing in the money.
39:16
Speaker 1: Now he's a lawyer and had been in a big
39:18
Speaker 1: firm in Atlanta, but he owed her hundreds of thousands
39:22
Speaker 1: of dollars. And these business associates of hers claim he
39:28
Speaker 1: was preoccupied with money in the days right after her death.
39:33
Speaker 1: And I'm referring to Jay Grover, now that was her
39:37
Speaker 1: business associate at US Enterprise. Just forty eight hours after
39:41
Speaker 1: the shooting, Grover says he McIver asked if he could
39:46
Speaker 1: collect dyanne social Security checks and later that night tells
39:49
Speaker 1: Grover how he really wanted to get a seat on
39:51
Speaker 1: the board at the tobacco company that would pay him
39:54
Speaker 1: six figures. I mean, wasn't Dr Russell, wasn't he going
40:00
Speaker 1: to get her whole estate millions of dollars? Well, you
40:03
Speaker 1: would assume so. And here again we have behavior that
40:06
Speaker 1: is completely inconsistent with somebody who seriously accidentally killed his
40:10
Speaker 1: wife and is distraught about it. We have what sounds
40:13
Speaker 1: like somebody who is trying to profit, not even not
40:17
Speaker 1: even you know, trying to round up large assets, trying
40:22
Speaker 1: even to round up tiny assets like social Security payments
40:26
Speaker 1: within you know, literally hours, a couple of days of
40:30
Speaker 1: the death. That's a very unusual. And and after infidelity
40:35
Speaker 1: finances are the second, uh you know, biggest reason why
40:39
Speaker 1: people end up on fatal vows. Dr Brian Russell hosts
40:43
Speaker 1: of I D Investigation Discoveries Fatal Vowel series A big hit.
40:48
Speaker 1: You know. I was listening again about what Danny Carter
40:52
Speaker 1: said her best friend during her direct testimony. She said,
40:56
Speaker 1: mca ivor, the husband, direct to her to Emory Hospital,
40:59
Speaker 1: but Diane worse and worse and worse than just kept driving.
41:03
Speaker 1: Diane started making noises uh that she had never heard,
41:07
Speaker 1: Danny had never heard before, and she was afraid Diane
41:10
Speaker 1: was diving, dying, Carter says. Texts kept repeating her name,
41:20
Speaker 1: and Carter was running red lights to get to the
41:23
Speaker 1: hospital as quickly as possible, and McIver advised her to
41:27
Speaker 1: be careful there might be people out there with baby carriages.
41:32
Speaker 1: In other words, stop at all the red lights, Vincent Hill,
41:35
Speaker 1: do I is that right? Yeah, that's absolutely right, Nancy.
41:39
Speaker 1: And it went back to the facial expressions of the jury.
41:42
Speaker 1: When that testimony was going on. It was hard for
41:45
Speaker 1: people to believe that if your wife, your spouse, you're
41:48
Speaker 1: sing to get under had just been shot that at
41:51
Speaker 1: ten thirty eleven o'clock at night, you'd be worried about
41:53
Speaker 1: baby carriages in the streets are traffic for that matter?
41:57
Speaker 1: You know, it played a huge role and injury's mindset
42:01
Speaker 1: of why text would say that, Now, Alan, do what
42:04
Speaker 1: can you tell me? Of course, every idiot and his
42:07
Speaker 1: brother knows your calls are taped at the jail, but
42:11
Speaker 1: that didn't stop McIver from talking. Before he got out
42:13
Speaker 1: on bond. We hear him talking to a judge who
42:16
Speaker 1: the judge tails mckever that he the judge supports McIver
42:22
Speaker 1: one thousand percent. What what? What? Alan? That doesn't sound right? Well,
42:26
Speaker 1: as you know around the Fulton County courthouses that these
42:29
Speaker 1: lawyers and judges are their best friends and longtime friends
42:33
Speaker 1: and practice law together. So he gets one on the
42:35
Speaker 1: phone through Alan, every judge hated my guts, but go ahead,
42:40
Speaker 1: well you're you are exceptional. Thank you. Through a three
42:44
Speaker 1: way call, he gets one of the judges on the
42:47
Speaker 1: phone and the judge you hear him say you know
42:49
Speaker 1: I'm behind you, I'm backing you. I believe you one
42:52
Speaker 1: thousand percent. Now that judge was Judge Schwall that apparently
42:59
Speaker 1: told old testament guy he supports him. A thousand percent.
43:02
Speaker 1: Judge Swall was not involved in the case. That's a
43:05
Speaker 1: whole another sideshow right there about what some judge unrelated
43:10
Speaker 1: to the case said on the phone. But back to
43:12
Speaker 1: the facts. To private investigator Vincent Hill in court, what
43:17
Speaker 1: can you tell me about the estate sale that went
43:22
Speaker 1: down in the days after her death? Yeah, and she's
43:27
Speaker 1: really interesting. So Ja Grober actually testified also that Texas
43:32
Speaker 1: called them and asked how to get a copy of
43:34
Speaker 1: the death certificate so we can start to have this
43:37
Speaker 1: estate seal. And as you know, text sold a lot
43:42
Speaker 1: of Diane's property. What the prosecution did. They put a
43:46
Speaker 1: picture of Diane on the screen, and she was wearing
43:49
Speaker 1: a very expensive necklace, way more than what I could
43:53
Speaker 1: ever afford a place. Tell me, I want to know, Oh,
43:57
Speaker 1: this had to be a forty thousand or fifty thousand
43:59
Speaker 1: dollar necklace. Fanti and exactly, and again it goes it
44:09
Speaker 1: played on the jury. You know, of course again the
44:12
Speaker 1: women were looking like, how could you do this to
44:15
Speaker 1: your wife that you just lost? Who sells all of
44:19
Speaker 1: this property? It's not logical, it's not even comprehensible, But
44:24
Speaker 1: you know he did it, and you know the jury
44:26
Speaker 1: it's it's playing into that. And as you know sometimes
44:29
Speaker 1: well whole time about Vincent Hill, Jackie, Jackie with me
44:33
Speaker 1: here in this studio, I don't really think that Dr
44:36
Speaker 1: Brian Russell or Vincent Hill or Alan Duke are going
44:39
Speaker 1: to appreciate this um. This lawyer Texas mac Ivor sells
44:44
Speaker 1: his wife's colossal collection of firs designers she used jewels,
44:49
Speaker 1: just about eight weeks after he accidentally shot her dead
44:53
Speaker 1: in their suv. It included items like Jimmy Choose, Robert
44:59
Speaker 1: Cavalli's Chanel product Lubita Bata do your Valentino. One fur
45:09
Speaker 1: coat still had a sixty hundred dollar price tag attached
45:16
Speaker 1: to it. She had never worn it. Uh huh huh.
45:21
Speaker 1: Just so you know, we don't say o MG. But
45:23
Speaker 1: back to this. That was just about eight weeks after
45:28
Speaker 1: a prominent lawyer says he accidentally shoots his socialite wife.
45:32
Speaker 1: She's not just a socialite, she's a businesswoman. He holds
45:36
Speaker 1: his estate seal with his huge collection of designer clothing
45:41
Speaker 1: promoted promoted as a fashionist does dream closet. And I'm
45:48
Speaker 1: looking at photos of it right now, Jackie, look at this.
45:51
Speaker 1: It looks like a boutique like you would go into
45:55
Speaker 1: a boutique. Look at that, it's it looks like a
46:00
Speaker 1: or there's so many things. There's even her wreaths that
46:03
Speaker 1: apparently she made. It looks like Christmas wreaths hanging that
46:07
Speaker 1: with price tags on their boots, jackets, suits, clothes, handbags.
46:14
Speaker 1: Oh Jackie, come look at this fur coat. Oh my
46:18
Speaker 1: goodness on twenty one for coats, m hmm, all sorts
46:24
Speaker 1: and okay. But on the other hand, that's would you
46:29
Speaker 1: argue Dr Brian Russell a collateral issue as to whether
46:32
Speaker 1: he held an estate sale? That mean, does that go
46:35
Speaker 1: to the night of the shooting? Well, okay, so there
46:40
Speaker 1: are people who are sort of the opposite of you
46:44
Speaker 1: how you describe yourself at the top of the show,
46:47
Speaker 1: people who want to get rid of material reminders of
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Speaker 1: people that they did love, who pass away as as
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Speaker 1: quickly as possible, and and I think you know you
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Speaker 1: you could chalk it up to that if it were
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Speaker 1: not occurring with uh, an implausible story about how the
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Speaker 1: shooting happened, and then efforts afterwards to it appears to
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Speaker 1: delay getting medical help for the wife, and then lying
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Speaker 1: and asking others to lie about what happened. And then
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Speaker 1: you couple that with the detachment that we're seeing to
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Speaker 1: to to the material things of value and then running
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Speaker 1: around trying to gather up monetary assets. Uh, and it
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Speaker 1: all paints a picture of somebody whose love for the
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Speaker 1: deceased really has to be questioned. And then if if
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Speaker 1: that's in question, then obviously the possibility at least that
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Speaker 1: this was a financially motivated murder really comes to the
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Speaker 1: four The estates all included over five pieces of fine
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Speaker 1: Italian and French jewelry, um hunt, drants of scarves in
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Speaker 1: every color. I'm just looking at all these photos of
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Speaker 1: all the estates, cell the scarves. I wish you could
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Speaker 1: see them all folded up. It would field a twelve
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Speaker 1: hundred that's one thousand, two hundred square foot showroom racks
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Speaker 1: groaning under all the outfits, boots of every style and color,
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Speaker 1: for coats, for capes, the works, purses, even one that
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Speaker 1: was bedazzled, shaped like an owl, high end shoes. Just
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Speaker 1: I just can't even describe it. All. That's a whole
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Speaker 1: another can of worms. What really mattered, what matters now
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Speaker 1: is what happened at the time of the shooting, trying
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Speaker 1: the case for the state or one of the state's lawyers.
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Speaker 1: Is my former understudy, Clint Rucker. We tried many, many cases.
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Speaker 1: I tried me immuny cases with him helping me. We'll
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Speaker 1: see what happens. He's pitted against a high profile defense
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Speaker 1: lawyer I've always also met in the courtroom, Bruce Harvey.
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Speaker 1: The case unfolding. Now will money and influence carry the day?
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Speaker 1: What are the facts? We are on the case? Nancy
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Speaker 1: Grace Crime Stories, Sign any book. Goodbye friend,