REMASTERED Ep66: Tex & Diane McIver: Accident or Murder?

Late on a Sunday night in September of 2016, Atlanta power couple, Tex and Diane McIver, were driving back into the city and got caught in Atlanta’s notorious traffic. Diane’s best friend was driving as Diane rode in the passenger seat and her...
Late on a Sunday night in September of 2016, Atlanta power couple, Tex and Diane McIver, were driving back into the city and got caught in Atlanta’s notorious traffic. Diane’s best friend was driving as Diane rode in the passenger seat and her husband, Tex, sat directly behind her. When they were stopped in what they considered a dangerous part of town, Tex asked for his gun, and then fell asleep. What happened next would cause one of the most hotly debated criminal cases in recent Atlanta history.
Written, hosted and produced by Erica Kelley
Edited and mixed by Erica Kelley
Original Graphic Art by Coley Horner
Original Music by Rob Harrison of Gamma Radio
**Remastered version
Sources: https://www.southernfriedtruecrime.com/66-tex-diane-mciver-accident-or-murder
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Southern fried True crime covers cases that
are not suitable for young listeners, and
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there may also be some explicit language
used. Listener discretion is advised. On
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a hot Sunday in September of twenty
sixteen, Text and Diane mc iver played
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golf in the searing Georgia's sun for
four hours. They picked up Diane's best
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friend, Danny Joe Carter from their
Putnam County ranch where she had been riding
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horses before they all headed back to
Atlanta, stopping for dinner and Conyers.
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The mc iver's had been drinking,
so after dinner, Danny drove the rest
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of the way home with Diane in
the front seat and Text behind her in
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the back seat. At around ten
pm that Sunday night, Atlanta traffic was
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at a standstill on the Downtown Connector. Diane told Danny Joe to get off
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at Edgewood Avenue. Tex had fallen
asleep in the backseat and his wife fussed
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at him to wake up so we'd
be able to sleep that night. When
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he looked around and saw the area
they were in, he said, girls,
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this was a bad idea. This
is a bad area. And then
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he said, Darling, hand me
my gun. Diane McIver then handed her
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husband the gun that would kill her. The Atlanta PD charged mac Iver with
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involuntary manslaughter, but the DA disagreed
and charged Text mac ivor with malice murder.
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But did Tex mac ivor really mean
to kill his wife? Welcome to
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episode sixty six Text and Diane MacIver
accident or Murder. Atlanta, Georgia is
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one of the most famous US Southern
cities in the world. During the American
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Civil War, the burning of Atlanta
was crucial in General Sherman's March to the
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Sea. It crippled the Confederacy and
was the beginning of the end of the
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Civil War. The city fell in
September of eighteen sixty four, and the
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war ended in April eighteen sixty five. The fall of Atlanta was extensively covered
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by northern newspapers, and they gave
a huge boost to Northern morale as well
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as President Lincoln's political standing, as
he won the election that November by significant
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margin. Sadly, Lincoln was assassinated
just five days after Confederate General Robert E.
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Lee surrendered in Appomattox, Virginia.
Today, modern Atlanta is known for
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its eclectic, diverse culture. It
has been a mecca for African American political
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power, education, and culture.
There has been a black mare and office
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in Atlanta since nineteen seventy four.
During the civil rights movement in the sixties,
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a popular Atlanta slogan was it was
a city too busy to hate,
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a slogan that would continue into the
nineties, and in comparison to other large
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cities in the Deep South, the
progressive politics and diversity would make that slogan
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ring true, But in reality,
the people of Atlanta are still dealing with
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racial disparity, tensions and the economic
effects of gentrification. In twenty sixteen,
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when Diane mac ivor was killed,
Atlanta was in an exciting transitional phase.
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Real estate prices that had lagged since
the recession finally saw an uptick. New
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ground was broken for retail and office
spaces. The Braves left Turner filled for
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sun Trust Park, a new entertainment
complex within walking distance of bars, shopping,
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and residential areas. In popular culture, the critically acclaimed show Atlanta premiered,
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as well as Stranger Thinks, the
Netflix hit that while sat in Indiana,
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had been filmed in Atlanta and surrounding
areas, giving another boost to the
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local economy. On April fourteenth,
Prince played his final show at the Fox
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Theater in what patch dot Com called
an intimate, stripped down performance just a
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week before his death. That May, Atlanta was chosen to host the twenty
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nineteen Super Bowl, making way for
a new one point four billion dollar stadium
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that would host the Atlanta Falcons and
the new Atlanta Soccer Club. Twenty sixteen
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was also the third year of the
Black Lives Matter movement. In July,
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hundreds had marched in downtown Atlanta to
protest police shootings. The day before,
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a young black man had been found
hanging in Piedmont Park. The AJC reported
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that the protest was in party reaction
to what many believed was a modern day
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lynching. However, the young man's
death was ruled as suicide, and as
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social media posts showed that he had
been shamed by his family for being gay.
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It was a terrible coincidence as there
were so many police shootings nationwide that
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had led to the protests. In
the first half of July alone, there
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were one hundred and twelve protests in
eighty eight cities. It's important to mention
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the Atlanta March because it does become
a factor in this case. Though there
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was no official march on the day
Diane McIvor was killed, but still the
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specter of dangerous Black Lives Matter protesters
was raised by Text mc Ivor's pr guy,
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a move that was seriously detrimental to
mac Ivor's defense. I'm going to
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pause now for a short commercial break. Claude Lee MacIvor was born in San
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Antonio, Texas, on December twenty
second, nineteen forty three. He graduated
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from law school at the University of
Texas before moving to Atlanta. Claude,
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known as Texts all of his life, worked for Fisher Phillips law firm for
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decades. He was a labor lawyer, but he didn't represent the little guy.
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He represented the corporations. By twenty
sixteen, he was a longtime partner,
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but recently he went from equity partner
to income partner, meaning his income
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dropped from about seven hundred thousand dollars
a year to about one hundred and twenty
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thousand dollars a year. He was
seventy three years old. That's not unusual
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tex mac Ivor was also a staunch
Republican who served on the state election board
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for twelve years. He was nominated
by the governor in two thousand and five
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to be on the Judicial Nomination Committee, and even more telling, he served
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on the American Bar Association Committee on
Gun Violence. Tex was a man who
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knew guns. He didn't just know
them, he loved them, owning close
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to forty guns, some twenty two
of those being rifles. He was such
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a good shot he could toss a
bottle in the air and hit it.
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Tex MacIvor married his first wife,
Nancy, in nineteen sixty six. They
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had three kids, two sons and
a daughter. Nancy filed for divorce in
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nineteen ninety seven, citing several affairs. She said Tex had, specifically that
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he was having an affair with a
woman that worked at their Putnam County ranch.
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The eighty five acre ranch was Texas
crown Jewel. He had horses and
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cattle and a big, sprawling ranch
house, as well as a guesthouse and
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pool. Tex kept the ranch in
the divorce, but otherwise took quite the
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hit financially. It was an ugly
three year court battle. When they settled
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in July of two thousand, Tex
had spent more than one hundred thousand on
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attorney's fees, and he had agreed
to pay Nancy almost seven hundred thousand dollars
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in alimony. Nancy also got half
of his retirement account, which was valued
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at a little over seven hundred thousand
at the time of settlement, and also
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half of their property, which was
four hundred thousand dollars. Tex also had
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to pay one hundred thousand for her
attorney's fees. The settlement even stipulated how
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Tex could visit their dog malone quote, the wife shall allow the husband to
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use her garden hose if necessary to
wash the dog after one of his visits.
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His daughter and one of his sons
stopped speaking to him after the ugly
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divorce, to the point that he
wasn't even invited to his daughter, Meredith's
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wedding. At the time of his
divorce, his assets totaled almost one million,
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but his monthly income was down to
seventeen thousand dollars a month. He
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used to bring in close to sixty
thousand, but like I said, his
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age and semi retirement had changed his
salary. He met Diane the year of
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his divorce, though there is no
speculation whatsoever that there was any overlap or
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that she was one of the affairs
Nancy accused him of. He met her
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through business associates and was immediately enamored
of the beautiful forty seven year old woman.
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Being ten years her senior didn't deter
him at all. Diane Biddy Smith
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mac ivor was born on July twenty
first, nineteen fifty three in Auburn,
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Alabama. She had a kind of
rags to Rich's aura about her, but
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she grew up middle class, though
her relationship with her mother was always very
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volatile. She had never known her
father and her mother was an alcoholic with
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several ex husbands. Diane had a
brother who died in his early twenties.
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She moved to Atlanta with her family
when she was in high school, and
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a business owner named Billy Corey hired
her when she was just seventeen years old
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as a part time payroll clerk.
She worked nights to earn an accounting degree
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from Georgia State University. In her
first job for Corey at US Enterprises,
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she started out answering phones and soon
became president. US Enterprises is the umbrella
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company that Corey Enterprises falls under.
At the time of her death, Diane
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mac ivor was the CEO of Corey
Enterprises and her net worth was estimated at
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twelve million. She had worked for
Corey Enterprises for forty three years. She
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was respected as a formidable businesswoman,
ambitious, uncompromising, and tough as nails.
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Diane didn't marry until she was forty
years old. She always just said
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that was a mistake. She never
had children of her own. Friends later
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said it was a painful divorce,
and like Texas divorce, it was also
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ugly with the splitting of finances,
and Diane was estranged from her mother for
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fifteen years. Before her death.
She wouldn't even attend her funeral, telling
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her neighbor that she would not shed
one tear for her mother. Though tex
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and Diane had met before, he
started pursuing her more vigorously when she moved
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into the luxury villa Buckhead Condos in
Atlanta in the summer of two thousand.
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He slipped a note under her door
welcoming her to the building. She wasn't
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interested at first, but he wore
her down when she finally agreed to a
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date. It was dinner in Texas
apartment, and Diane showed up in yoga
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gear in a ball cap. She
was determined that this was going nowhere,
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but Text charmed her. Rachel Styles, one of Diane's assistants, said quote,
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he was the perfect match for Diane. Diane was a very strong woman.
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She intimidated a lot of men.
They just didn't want to compete with
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her. The text didn't want to
compete with her. He was just infatuated
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with her. Diane didn't trust many
people, but seemed to trust those that
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worked for her. Her best friend, Danny Joe Carter, the one driving
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that night, was her manicurist.
They had been friends for forty years,
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though there was a ten year period
they didn't speak because Danny Joe had a
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drinking problem. She got sober and
was then welcomed back into Diane's life.
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Diane's other trusted confidants were her two
personal assistants at work, and the man
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who detailed her car and ran errands
for her. And that's about it.
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You would think a woman in her
position would have many rich, high society
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friends, but Diane chose to trust
people who worked for her. It's not
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that she didn't rub elbows with the
well heeled in Atlanta. She did,
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but her close friends were more down
to earth, and I think there is
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something else at play here. Diane
could be a bit controlling. She was
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known as a very blunt person.
She would tell you that you've put on
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weight, offer tips on how to
lose it. It wasn't really malicious.
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She was just fastidious and she always
thought she knew best. She could be
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really critical, but everyone in her
life accepted that as the other side of
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the coin. That was Diane because
she was also very generous and loving,
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and she was hard on herself too. That's probably why she felt critical of
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others. She got up at five
am every day to work out, and
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she kept weights in her office.
But she can't always behave that way with
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your peers and get away with it. Diane did. But her friends were
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not exactly her peers. She was
the CEO of a company, a self
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made millionaire. Her friends were mostly
employees and co workers. She didn't have
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close friends in her own social standing, which isn't that unusual. How many
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female CEOs do you know? Her
peer group would be mainly men in that
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sense, and before text she had
even decided not to remarry. I think
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that wealth can be insulating from the
world's problems, but it can also be
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very isolating. You never know if
someone is your real friend or if they
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want something from you. At least
with employees, you know where you stand.
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But Diane wound up falling hard for
texts. They dated for almost five
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years before marrying in November of two
thousand and five and a lavish ceremony at
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the Ranch. Diane came down the
aisle in a horse drawn carriage. The
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horse, wearing a flower crown,
was her maid of honor, and they
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lived a jet setting extravagant lifestyle,
trips to Paris and the south of France.
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She in taxts would fly into Louisville
for the Kentucky Derby, but have
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Danny Joe or her husband drive their
limo up so they could have it to
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ride around town in. But she
was generous to Danny Joe with these trips,
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even if Danny Joe might drive the
limo or handle some other things for
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her. She was getting to go
on all these fabulous trips all over the
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world with her generous best friend,
and Diane often lent money to her friends.
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Terry Brown was one of Diane's personal
assistants at Cory enterprises, and he
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was in charge of keeping track of
the loans she gave friends. He told
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the AJC that around the third of
every month, she would ask him if
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the money was all in. She
loaned money but with reasonable interest rates,
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and she even loaned money to Text. It's important to note here that she
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and Text made the decision before they
married to keep their finances separate. Both
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had been through messy, expensive divorces, and both were still self made millionaires.
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At the time of her death.
It was estimated that Diane was worth
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around twelve million, but most of
that was in real estate holdings. She
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had about four hundred thousand in the
bank, and Text was worth about one
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point seven million on his own.
I told you before that his income had
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significantly decreased, but it's not like
he was a poor man. The engagement
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ring he gave Diane was worth sixty
thousand dollars. The loan she made to
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Text was to expand the guesthouse,
making it a real party house on the
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property in the style of an Old
West saloon. I've seen conflicting reports on
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whose idea this was. Friends told
reporters that it was Diane's. She loved
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having huge parties on the ranch.
Text was fine with that as long as
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she could pay for it, but
she made it a loan in his name
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with interest. He was paying around
fifteen hundred dollars a month on the loan,
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just the interest. It was supposed
to have been a three year loan,
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but in twenty fourteen Diana extended the
loan for another three years. Terry
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Brown said that Text always made his
payments on time. But the interesting thing
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on this extension is that she put
a codicil that if Text defaulted, she
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could call on the loan and take
controlling interest of the ranch. Well,
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tex had already willingly put her name
on the deed to the ranch when they
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got married. This is where their
finances seem murky to me. If she
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really was the one who wanted the
saloon party house, she certainly could afford
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to pay for it, but she
expected Text to and that condicul was her
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insurance that he would pay for it. But the same friends who claimed the
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saloon was her idea said that the
loan through Text was merely for tax purposes.
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She in Text also made new wills. In two thousand and five.
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Much was made at Texas trial about
the possibility of another new will that Diane
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had recently made, but they never
found proof of it. The other important
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person to point out when it comes
to the MacIvor finances is their godson,
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Austin schwal His parents were divorced and
he was the son of a Fulton County
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judge. They both doted on the
boy, but especially Diane, who never
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had children of her own. Austin
called her mommy die. She threw him
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lavish birthday parties, paid for private
school, and intended to pay for his
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college. If there were issues with
her will, it was discussed on an
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offer for a few years. It
was Austin Diane wanted to leave him everything,
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but text wanted to leave all,
or at least part, to the
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son that still spoke to him.
But Diane never legally changed her will.
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Despite the rumors the prosecution continuously brought
up, there was no proof. No
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other will was ever found. The
prosecution even put out an ad for any
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Atlanta lawyer who might have worked on
a will for Diane MacIvor to please come
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forward. None did. But before
we get into that, we need to
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go back to that Sunday night on
September sixth, twenty sixteen. I'm going
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to pause now to hear a word
from today's sponsors. That Sunday was a
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hot day for September even in Georgia, with temperatures rising into the nineties.
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Diane Texts and Danny Joe had been
at the ranch all weekend. Danny Joe
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later testified that Tex got up that
morning and brought her on Diane coffee upstairs
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before making breakfast for everyone. Liked
doing little things like that. He was
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always the courtly gentleman, even after
ten years of marriage. Text and Diane
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had given Danny Joe a horse,
and that Sunday the mcgivers went to meet
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a friend to play golf while Danny
Joe stated the ranch to ride her horse.
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Text later told investigators that his wife
shot a seventy four that day while
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he shot a ninety two. They
all had a lot of fun that day
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despite the heat. After they finished
playing golf, Text and Diane picked up
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Danny Joe to head back to Atlanta. Danny Joe said they poured wine in
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a Yetti cup and sipped it as
they headed to dinner and Conyers Georgia.
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On the way back into the city, they were meeting a friend and colleague
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of Diane's for dinner at the Longhorn
Steakhouse. There, a bottle of red
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wine was opened. Text later said
he didn't drink much of it because he
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didn't like it, but still after
dinner, Danny Joe took over the driving
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because Diane in text, had been
drinking and she was sober. As they
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neared Atlanta, travel on the Downtown
Connector was a parking lot. Even at
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ten pm on a Sunday night,
you can count on Atlanta traffic being the
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worst. Diane told Danny Joe to
take the Edgewood Avenue exit, and then
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she turned around and fussed Text to
wake up. He had fallen asleep in
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the back seat. Diane was in
the front passenger seat and Text was directly
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behind her. She didn't want him
to fall asleep because she said he wouldn't
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be able to sleep that night.
When Tex woke up and looked around,
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he said, quote, girls,
this is a bad idea. This isn't
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safe. He was talking about the
area of Midtown they were in. Diane
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said, we'll be on Piedmont shortly, but he said, quote, Darling,
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hen me my gun, and Diane
reached into the center console and pulled
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out a snubnose thirty eight revolver wrapped
in a plastic bag, and then she
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handed it to her husband. And
here is where everything went wrong. Text
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took the gun and laid it in
his lap and then knotted back off to
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sleep. Danny Joe said that she
was driving on Piedmont when she got stopped
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by a red light at either twelfth
or thirteenth Street, and then she heard
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a boom. She thought at first
that they had been hit by another car,
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but Tex quickly said I discharged the
gun and asked if everyone was all
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right. Diane said, Text,
what did you do? Danny Joe said
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she thought there would be a bullet
hole on the floor of the car,
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and no one realized Diane was shot
at first, not even Diane until she
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started breathing heavy and slumped in her
seat, and then she said, I've
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been shot. At this, Tex
leaned forward cradling her head as Danny Joe
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stepped on the gas to speed to
a hospital. This is another huge point
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of contention at trial. Why didn't
they just call nine one one? Danny
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Joe admitted she was scared because of
the location and wasn't sure how long it
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would take to get an ambulance there. She had Piedmont Hospital in mind,
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but didn't know the way. Tex
spoke up and directed her to Emory Hospital,
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which was not the closest. Even
if it was the closest, anyone
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from Atlanta can tell you that Grady
Memorial Hospital has a renowned Level one trauma
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unit. It handles almost all gunshot
wounds in Atlanta. At trial, the
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prosecution won't apply that Tex intended to
go to a further away hospital, But
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the truth is Emory Hospital was a
client of his as a lawyer at Fisher
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Phillips. He had represented the hospital
and had been there many times. He
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knew exactly where it was, and
this makes sense to me. Despite the
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fact that Grady was known to be
the place for a gunshot wound, Tex
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went to the first hospital he knew
how to get to. What Tex and
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Danny Joe didn't know was that there
was a firehouse some three hundred yards or
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so from where the SUV was sitting
when Diane was shot, though the exact
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distance is estimated because they were on
a section of Piedmont where the traffic cameras
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were not working. Danny Joe also
wasn't sure which stoplight she was at,
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so there were medics extremely close by. I think the decision to drive to
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a hospital, any hospital, was
a mistake. They should have called nine
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one one At the hospital, texas
seen on security cameras jumping out of the
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suv and waving Danny Joe through to
the emergency doors. He also helps get
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his wife into a wheelchair. Doctor
Suzanne Hardy took Diane's case at the er.
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Diane made a spontaneous comment in front
of the doctor while she was examining
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her. She said, quote,
it was an accident. At trial,
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the prosecution focused on her only other
statement. She said, I'm dying.
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And then the doctor asked if she
wanted to see her husband, and Diane
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said no. To this, I
say Diane was dying. Who knows if
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she even understood the doctor's question.
At that point, her blood pressure was
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extremely low and she was about to
be taken in for emergency surgery. The
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other spontaneous comment can be considered a
dying declaration. It was not an answer
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to a question made under duress.
Diane just said it. The bullet hit
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where Diane's eleventh rib met her eleventh
vertebra, scattering pieces of bone. It
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then traveled through her left adrenal gland
and left kidney and severed blood vessels,
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going into her spleen, then through
her pancreas and stomach, so blood quickly
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started filling her abdominal cavity. The
bullet missed her heart by centimeters, but
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because it nicked those arteries, she
bled out internally anyway. Doctor Hardy wanted
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to transfer her to Grady, but
Diane was never stable enough for transfer.
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In the operating room, surgeons opened
her abdomen only to find several liters of
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blood close to what would be the
total blood volume in her body. For
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over an hour, surgeons fought to
save Diane's life, tying off damaged blood
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vessels and removing pieces of damaged organs, but her blood pressure kept dropping.
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The attending surgeon's report read her chance
of survival was zero at this stage.
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There is no disagreement whatsoever among anyone
involved, including all of the surgeons and
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the antithesiologist, that we could have
done anything differently and given her a chance
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to survive. At the hospital,
Tex called an old friend of his this
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would wind up being a very bad
decision. His friend was also an attorney,
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an attorney who had represented him before. Stephen Maples is a Decatur attorney
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who defended Text when he was charged
in nineteen ninety with three counts of aggravated
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assault for firing his pistol at a
car with three young men inside. The
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teens had been hanging out in the
Cul de Sac of Texas neighborhood, playing
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their music loud and annoying him.
He tried seeking his dogs on them before
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he got his gun out, but
the charges were dropped when Techs agreed to
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pay for the damages to the teen's
car. And this was the guy who
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sat on the American Bar Association Committee
on gun violence. It's an example of
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what the prosecution would later Seizon Pond
tex was a politically connected white man.
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He got away with that incident fifteen
years earlier, and now he was involved
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in another gun incident. At the
hospital, Text and Stephen Maples were overheard
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conferring, and Text was heard saying, what do I say? What do
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I do? Naturally, there was
much made of this at trial, but
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honestly, if you had just shot
your wife, even accidentally, wouldn't you
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be scared? But optics are everything, and his behavior even while still at
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the hospital put people off, and
at this point he had no idea that
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Diane had already told the doctor it
was an accident. He went up to
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Danny Joe and said, why don't
you just say you weren't there? Things
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like this can get so turned around. Just say you came here to be
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with us as a friend. And
Danny Joe told him no, she couldn't
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do that, quote text, I
just drove you to the r I can't
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do that. Why would I be
here at this time of night on a
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Sunday without my own car. Joe
talked to the Atlanta police right away and
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insisted it was a tragic accident.
She said there was no doubt in her
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mind, and this was even after
his strange request for her to lie at
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the hospital. She didn't tell police
about Texas request the first time they questioned
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her, but she did the second
time, and a very different Danny Joe
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testified at trial. She did not
change her story, but she was no
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longer on Texas side. She now
believed the shooting was intentional. I think
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like everyone else, she was put
off by Texas behavior. After Diane's death,
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starting with him asking her to lie
at the hospital. Afterwards, he
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went so far as to call Danny
Joe's husband and tell him to get Danny
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Joe to retract what she told the
police. Interestingly, Texas defense team found
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another reason for Danny Joe's flip.
Diane had loaned her money also as she
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did for many friends and associates,
and texts expected her to pay the loan.
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Now, this isn't as heartless as
it sounds. Tex was executor of
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Diane's estate. Danny Joe wasn't the
only friend expected to repay their loan.
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And about TeX's behavior, well,
first of all, Tex didn't go voluntarily
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talk to police for two days.
That does look bad. Why wouldn't you
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just sit down with them right away
if it was an accident? And why
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didn't the police insist on speaking with
him right away? I'm pretty sure if
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I shot my husband, I would
be questioned that same day, even with
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a witness saying it was an accident. It does show that Tex was getting
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preferential treatment. The police felt confident
it was an accident after taking Danny Joe's
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statement, So maybe this isn't as
bad as it looks. But again,
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optics are everything, and to the
world, this looked like a rich white
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lawyer with political connections. Wasn't being
questioned by the police right away? And
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why would he choose to wait?
Friends say, Text was beside himself.
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It wasn't to get his story straight. He was just in shock. When
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he did finally talk to the police, he said the gun was in his
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lap and it just went off.
Text told police Quote, I was handling
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the gun. I forgot it was
in my lap and it just went off.
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And I don't think he's lying.
Text was diagnosed with rim behavioral disorder,
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which means where most people don't act
out their dreams, Texts often did
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thrash around. Bill Rankin with the
AJC podcast Breakdown explained this diagnosis very well.
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He said, normally people have a
wall between their dreams and actual bodily
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movements and reaction to the dream.
People with Rim behavioral disorder somehow, Quote
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breached that wall. Specifically, Text
would clench his fingers and thrash his arms.
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A masseuse named Annie Anderson testified at
Texas trial about his condition. He
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often fell asleep while getting a massage
and she had to be careful about where
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she was standing in relation to his
body if he fell asleep or he might
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accidentally hit her. She also had
to testify to deny allegations of a sexual
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relationship with Texts. I will come
back to this in a moment. The
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next big mistake text made was hiring
a pr consultant by the name of Bill
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Crane. He made an official statement
to the press that text was alarmed about
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the recent unrest surrounding several Black Lives
Matter protests in the area and feared that
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they would be carjacked. This is
the mistake that took this case. National
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Black Lives Matter representatives across the country
were outraged. In fact, there is
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no evidence that there were protesters in
that area on the ninth of September sixth.
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As many people have said, Bill
Crane injected race into a case where
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it did not belong. I agree
to a certain extent. First of all,
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Tex mac Ivor denies ever saying this. He said Crane made that statement.
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All he had said was that it
was a bad area. Crane stands
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by his statement and testified that Texts
tried to get him to retract the statement.
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This would lead to one of the
three charges. The prosecution indicted texts
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for of trying to manipulate a witness. The other two counts for the same
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thing were for when he asked Danny
Joe to lie and say she wasn't in
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the suv that night, and also
for the message he left on her husband's
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voicemail. Text foolishly left the voicemail
for Danny Joe's husband from jail. This
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was before he made bond. He
found out that Danny Joe told the police
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what he had asked her to do, and he called her husband to ask
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him to get Danny Joe to stop
talking to the police. Oh and he
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also said delete this message, except
all calls coming out of the Fulton County
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Jail are recorded. Foolish indeed,
and that is what I think is Tex
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mac Ivor's huge problem. He was
arrogant and foolish. But before he had
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ever even been indicted, he made
his next huge mistake. Within days of
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Diane's death, he was taking inventory
of her extensive collection of cature clothing,
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vers, shoes, hats, and
jewelry, and then he auctioned everything off.
397
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He held three auctions actually, and
this is really hard for people to
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swallow. It was tacky. It
was unseemly and it definitely looked callous.
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But Diane's estate lawyer actually advised Texts
to do this until they could look wuidate
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assets to cover not only her bequests
but other financial issues related to her estate
401
00:31:25.920 --> 00:31:30.480
and just the wrapping up of her
life. But still this looked awful.
402
00:31:30.680 --> 00:31:36.000
The estate lawyer spoke with the AJAC
and defended the advice he gave, saying
403
00:31:36.039 --> 00:31:40.720
those clothes would appreciate within a year
when styles change, and also you need
404
00:31:40.759 --> 00:31:44.480
to sell winter clothes. At the
start of winter. Diane had one hundred
405
00:31:44.480 --> 00:31:49.400
and thirty seven fur coats. The
auctions were held in early December. Okay,
406
00:31:49.720 --> 00:31:52.519
I get all of that, but
it's hard to believe that this guy
407
00:31:52.640 --> 00:31:57.079
and text both thought that this was
a good idea. But then I think
408
00:31:57.119 --> 00:32:01.519
about it this way. Tech said
it was an accident. I don't think
409
00:32:01.559 --> 00:32:06.720
he really believed that he would be
prosecuted, so why not follow the lawyer's
410
00:32:06.759 --> 00:32:12.960
advice. He was not officially charged
until December twenty first, after the auctions,
411
00:32:13.319 --> 00:32:17.480
and he was charged with involuntary manslaughter
and reckless conduct. One big point
412
00:32:17.480 --> 00:32:22.319
of contention with this auction is not
only how it looked. There were some
413
00:32:22.400 --> 00:32:25.039
ruby and diamond pieces that had been
willed to a friend of Diane's with the
414
00:32:25.039 --> 00:32:30.000
same birthstone. If he was really
auctioning to honor requests, why would he
415
00:32:30.039 --> 00:32:35.519
auction pieces for someone in the will, pieces that she was supposed to get.
416
00:32:35.920 --> 00:32:38.880
Well, she wasn't supposed to get
those pieces. According to the AJC,
417
00:32:39.119 --> 00:32:43.119
in total, there was a ruby
ring, bracelet, and earrings that
418
00:32:43.160 --> 00:32:47.079
brought around eighteen thousand dollars at auction. Now that's no small amount, but
419
00:32:47.200 --> 00:32:52.000
Diane had many other ruby and diamond
pieces, and in fact, there was
420
00:32:52.039 --> 00:32:55.240
a ring, bracelet and earrings valued
at more than one hundred thousand that he
421
00:32:55.279 --> 00:33:00.839
did not auction. He was saving
those for her friend. Texas bond was
422
00:33:00.880 --> 00:33:05.599
set at seventy five thousand dollars,
which he quickly made and was out until
423
00:33:05.640 --> 00:33:10.839
trial. By April, prosecutors served
multiple subpoenas for the mc iver's financial records.
424
00:33:12.640 --> 00:33:15.559
Now it would seem that the DA's
office did not agree with the Atlanta
425
00:33:15.599 --> 00:33:20.759
PD. They didn't believe this was
an accident. During the search of Texas
426
00:33:20.759 --> 00:33:23.680
condo, a glock pistol was found
in his saut drawer. This was a
427
00:33:23.759 --> 00:33:28.960
violation of his bond. He had
all other firearms removed from the condo and
428
00:33:29.079 --> 00:33:32.839
ranch except this one. The judge
revoked Texas bond, and then a few
429
00:33:32.920 --> 00:33:37.160
days later, on April twenty seventh, he was indicted on a charge of
430
00:33:37.200 --> 00:33:42.519
malice murder. George's malice murder charge
is what many states refer to as first
431
00:33:42.519 --> 00:33:47.039
degree murder. The DA indicted Texts
on seven additional counts. He was also
432
00:33:47.119 --> 00:33:52.000
charged with felony murder, which is
what other states call second degree murder,
433
00:33:52.279 --> 00:33:55.400
then aggravated assault with a deadly weapon, possession of a firearm, and commission
434
00:33:55.400 --> 00:34:00.480
of a felony, and those three
charges of trying to influence what aness that
435
00:34:00.519 --> 00:34:05.680
I told you about. And this
trial would be dramatic in so many ways.
436
00:34:06.799 --> 00:34:09.440
For one, they had a judge
who allowed jurors to ask questions throughout
437
00:34:09.480 --> 00:34:15.559
the trial, not just in deliberations. This is highly unusual and something the
438
00:34:15.599 --> 00:34:20.039
defense attorneys didn't like. If the
state wasn't making their case clear enough,
439
00:34:20.239 --> 00:34:24.880
that's on them. This judge allowing
clarification questions clearly gives the prosecution a leg
440
00:34:25.000 --> 00:34:31.480
up. Prosecutor Clint Rucker is one
of those preacher prosecutors and natural born theatrical
441
00:34:31.519 --> 00:34:36.960
speaker he uses that thing where he
says something and then repeats it for emphasis.
442
00:34:37.360 --> 00:34:42.800
He recites poetry or scripture. His
booming voice and lyrical way of speaking
443
00:34:42.920 --> 00:34:46.760
is very effective in a court room. In late October of twenty seventeen,
444
00:34:47.239 --> 00:34:52.559
three days before the trial was to
begin, the prosecution asked for a continuance,
445
00:34:52.760 --> 00:34:57.320
saying they felt the defense needed more
time, which was some hilarious legal
446
00:34:57.360 --> 00:35:01.199
wrangling because the defense strongly disputed this. If they needed a continuance, they
447
00:35:01.239 --> 00:35:07.239
would have asked for it. Bill
Rankin with AJC said that the prosecution was
448
00:35:07.280 --> 00:35:12.920
actually still looking for evidence to support
their indictment of malice murder, so they
449
00:35:12.960 --> 00:35:16.119
put it on hold for four months
and then came back. The AJC also
450
00:35:16.159 --> 00:35:21.159
pointed out that they had some ninety
thousand email to go through between texts and
451
00:35:21.199 --> 00:35:27.079
Diane. The state's position is that
Tex mac Ivor needed, not just wanted
452
00:35:27.360 --> 00:35:31.400
his wife's fortune. They also brought
up the specter of supposed affairs he was
453
00:35:31.440 --> 00:35:37.000
having, which was convenient as it
was the reason his ex wife divorced him,
454
00:35:37.440 --> 00:35:40.280
but they could never find any proof
of an affair. Tex worshiped his
455
00:35:40.400 --> 00:35:45.639
wife. The state brought a woman
named Annie Anderson. To testify. She
456
00:35:45.800 --> 00:35:50.199
was the messuse I mentioned earlier.
She came over and gave massages to Diane
457
00:35:50.280 --> 00:35:54.400
and text regularly. Being wealthy people, they didn't make appointments at a salon.
458
00:35:54.840 --> 00:35:59.440
They had a personal messuse who came
to their house. And it's important
459
00:35:59.440 --> 00:36:02.280
to note that she treated both the
mac Ivors and also considered them close friends,
460
00:36:02.840 --> 00:36:08.800
as did many of their employees.
Annie Anderson and Rachel Styles, Diane's
461
00:36:08.840 --> 00:36:13.880
other personal assistant, stayed with texts
the first couple of days after the shooting
462
00:36:14.039 --> 00:36:17.920
because they were afraid he would mix
up his medication and hurt himself. Annie
463
00:36:17.960 --> 00:36:22.320
slept on the floor in Texas room. The prosecution had a fuelled day with
464
00:36:22.400 --> 00:36:28.760
this. But you know what is
gross. Their godson, Austin was sleeping
465
00:36:28.760 --> 00:36:32.199
in the bed with texts. Were
they insinuating that he had sex with Annie
466
00:36:32.199 --> 00:36:37.679
with his godson in the room.
For her part, Annie Anderson was angry
467
00:36:37.800 --> 00:36:44.119
and humiliated that this was even insinuated. She was a professional and this accusation
468
00:36:44.320 --> 00:36:47.599
was detrimental to her career. And
what's more, she cared about the mac
469
00:36:47.599 --> 00:36:53.480
Ivers That is really clear in her
testimony. But aside from imaginary affairs,
470
00:36:53.559 --> 00:37:00.320
all the state really had was money. Tex wanted Diane's money. As I
471
00:37:00.400 --> 00:37:04.960
told you, his income had drastically
decreased at his age. He was no
472
00:37:05.039 --> 00:37:07.760
longer an equity partner, but an
income partner, and his expenses at the
473
00:37:07.840 --> 00:37:13.679
ranch were exorbitant, and it is
something he and Diane were talking about.
474
00:37:14.280 --> 00:37:16.480
In an email the state found,
he tells her he's trying to reduce his
475
00:37:16.559 --> 00:37:22.480
monthly expenses. She then playfully suggests
that he'd take over the job of his
476
00:37:22.599 --> 00:37:25.480
ranch hand at the Putnam County ranch. He says, well, guess it's
477
00:37:25.480 --> 00:37:30.519
back to being a jiggalow. And
the state thought this was nefarious. The
478
00:37:30.559 --> 00:37:35.440
defense thought it was playful banter.
Yes, there were money issues, but
479
00:37:35.519 --> 00:37:38.480
Tex still made money, and he
and Diane were both millionaires. They would
480
00:37:38.519 --> 00:37:43.480
work it out. To me,
this sounds very much like playful banter.
481
00:37:44.079 --> 00:37:45.960
I would hate for a prosecutor to
see some of the texts I sent to
482
00:37:46.039 --> 00:37:52.800
my own husband when joking around.
Danny Joe Carter was the state's star witness
483
00:37:52.920 --> 00:37:58.199
at trial. They later even called
her the MVP. But the biggest problem
484
00:37:58.199 --> 00:38:00.480
with the state's case is all the
promises they made in the opening statement.
485
00:38:01.679 --> 00:38:06.199
They continued to allude to a second
will, a will that could never prove
486
00:38:06.280 --> 00:38:09.360
existed. It was never found.
It's why they wanted to go through all
487
00:38:09.360 --> 00:38:15.599
those emails and when they did find
an email talking about wills, but nothing
488
00:38:15.719 --> 00:38:20.440
was formalized. The lawyer who was
copied on this email told the AJAC that
489
00:38:20.519 --> 00:38:23.920
drafting a will for people is kind
of like selling life insurance. Folks keep
490
00:38:23.920 --> 00:38:28.599
putting this stuff off because they don't
want to think about it. The lawyer
491
00:38:28.599 --> 00:38:32.119
didn't think it was fishy at all, and yes, the state proved that
492
00:38:32.159 --> 00:38:37.159
Tex was ever spending and his income
had gone down, but in reality,
493
00:38:37.519 --> 00:38:40.239
Diane made more money than him.
If he was really worried that much about
494
00:38:40.280 --> 00:38:45.159
money, it makes more sense for
Diane to live. She was the breadwinner,
495
00:38:45.559 --> 00:38:51.599
and every friend agreed that they were
in love, ridiculously in love,
496
00:38:52.079 --> 00:38:54.280
the kind of couple who, after
five years of dating and ten years of
497
00:38:54.320 --> 00:39:00.400
marriage, still held hands all the
time. Friends turned on Tech by the
498
00:39:00.400 --> 00:39:04.519
time of the trial because of his
many bad, callous looking choices. He
499
00:39:04.559 --> 00:39:08.280
did auction off her things, and
he also asked a colleague of hers if
500
00:39:08.280 --> 00:39:13.119
he would be able to draw her
Social Security benefits. This was only a
501
00:39:13.159 --> 00:39:16.679
few days after her death. And
that's the problem with Tex. He not
502
00:39:16.719 --> 00:39:21.920
only takes bad advice, but he
makes bad decisions. But none of that
503
00:39:22.039 --> 00:39:25.320
makes him a murderer. I do
think he was worried about how he would
504
00:39:25.360 --> 00:39:30.320
live out his days, how he
would maintain this lifestyle. And he could
505
00:39:30.400 --> 00:39:35.559
also just be a greedy bastard.
That's true, but I don't think he
506
00:39:35.639 --> 00:39:37.960
killed her over it. She was
the one keeping him in such a lavish
507
00:39:38.000 --> 00:39:44.079
lifestyle to begin with, and he
adored her. Even friends who turned against
508
00:39:44.119 --> 00:39:49.000
him couldn't argue with that. It's
why they found it so shocking. At
509
00:39:49.039 --> 00:40:05.480
trial, Text did not take the
stand in his own defense. I am
510
00:40:05.519 --> 00:40:07.880
not going to take you, gabbled
to Gabble through the trial of Tex MacIvor.
511
00:40:08.519 --> 00:40:13.559
I would rather point you to the
excellent podcast breakdown by the AJAC that
512
00:40:13.599 --> 00:40:19.199
I've already mentioned. Their long form
podcast on this case covers Texas trial extensively,
513
00:40:19.880 --> 00:40:23.599
so I will just give you some
highlights. There were competing firearms experts.
514
00:40:24.000 --> 00:40:28.159
One sticking point is that no one
knows if the gun was actually cocked.
515
00:40:28.639 --> 00:40:30.760
The police didn't ask that question right
away, and Text later said he
516
00:40:30.800 --> 00:40:37.360
couldn't remember. The difference is if
it wasn't cocked. It takes twelve pounds
517
00:40:37.360 --> 00:40:40.320
of pressure to pull that trigger.
If it was cocked, it takes less
518
00:40:40.320 --> 00:40:45.079
than two pounds. That makes a
lot more sense for an accidental shooting.
519
00:40:45.280 --> 00:40:49.079
There was no way to know for
sure, but I am willing to bet
520
00:40:49.119 --> 00:40:52.800
that after Diane handed text the gun, he cocked it to be ready and
521
00:40:52.840 --> 00:40:54.840
had it sitting in his lap,
and then he did not off back to
522
00:40:54.880 --> 00:41:00.239
sleep. And many people have difficulty
with this. If he was afraid enough
523
00:41:00.239 --> 00:41:04.760
to ask for his gun, how
could he just not off to this?
524
00:41:04.880 --> 00:41:07.920
I say he was seventy three years
old, he had played golf and the
525
00:41:07.960 --> 00:41:13.320
hot Georgia son for four hours,
and then had been drinking wine. The
526
00:41:13.360 --> 00:41:16.159
defense also made some really good points
about why if he wanted to kill his
527
00:41:16.199 --> 00:41:20.559
wife would he do it this way? Why try and shoot her in the
528
00:41:20.599 --> 00:41:23.519
car through the seat. There was
a great chance that the bullet could have
529
00:41:23.599 --> 00:41:29.719
ricocheted back at him or get lodged
in Diane's seat. There's any possible scenario
530
00:41:29.920 --> 00:41:31.840
that would have made this a strange
way to kill his wife, the first
531
00:41:31.880 --> 00:41:37.239
problem being that he did it in
front of her best friend. But the
532
00:41:37.239 --> 00:41:40.719
prosecution did do a good job of
making texts out to be the entitled,
533
00:41:40.880 --> 00:41:45.679
white, rich, politically connected man
he was. None of that is false.
534
00:41:46.159 --> 00:41:50.199
It just makes the police look bad
for not going after him harder in
535
00:41:50.239 --> 00:41:53.199
the first place. However, I
don't think the police were going that easy
536
00:41:53.239 --> 00:41:58.559
on him. The detective on his
case had worked over forty malice murder cases
537
00:41:58.599 --> 00:42:01.960
before. He had an ex excellent
record. He had an eyewitness that said
538
00:42:02.000 --> 00:42:06.800
it was an accident. He had
a dying declaration from the victim saying it
539
00:42:06.840 --> 00:42:10.360
was an accident. I will say
that they definitely should have brought him in
540
00:42:10.400 --> 00:42:15.400
for formal questioning that night, if
for no other reason than protocol. If
541
00:42:15.440 --> 00:42:19.480
his connections helped at all, it
was that they gave him those couple of
542
00:42:19.559 --> 00:42:24.440
days before their formal interview. The
problem was both the prosecution and defense,
543
00:42:24.679 --> 00:42:30.679
when all or nothing in closing arguments, both asked the jury not to find
544
00:42:30.719 --> 00:42:36.679
him guilty of involuntary manslaughter. The
defense wanted a straight not guilty this was
545
00:42:36.719 --> 00:42:44.760
an accident. The state wanted premeditated
malice murder, so the original involuntary manslaughter
546
00:42:44.840 --> 00:42:47.960
charge was taken off the table.
The jury could choose malice or felony,
547
00:42:49.559 --> 00:42:53.400
or they could find him not guilty, but that was it. During deliberations,
548
00:42:53.440 --> 00:42:57.599
the jury kept sending out questions that
made the defense feel pretty good.
549
00:42:58.280 --> 00:43:02.400
They didn't seem to grasp the life
legal definition of intent. Things were looking
550
00:43:02.440 --> 00:43:07.559
pretty good for Texts, especially once
the jury sent word that they were deadlocked,
551
00:43:07.199 --> 00:43:12.599
but the judge gave them instructions to
keep deliberating, and then they came
552
00:43:12.639 --> 00:43:16.880
back with a confusing verdict. They
found Tex guilty of felony murder, aggravated
553
00:43:16.880 --> 00:43:21.280
assault with a deadly weapon, possession
of a firearm, and commission of a
554
00:43:21.320 --> 00:43:27.039
felony, and witness influencing. The
reason it's confusing is felony murder is like
555
00:43:27.119 --> 00:43:30.840
second degree murder. It means a
person was killed in the commission of another
556
00:43:30.880 --> 00:43:36.239
felony. In this case, that
would be the aggravated assault charge, meaning
557
00:43:36.760 --> 00:43:40.000
there was no actual intent to kill
Diane, but just to harm her.
558
00:43:40.719 --> 00:43:45.360
See what I mean by the jury
not understanding intent. So why did they
559
00:43:45.400 --> 00:43:51.480
decide this way with the conflicting verdicts. Why would Text shoot Diane unless he
560
00:43:51.559 --> 00:43:55.239
meant to kill her? The problem
here lies in what the jury was not
561
00:43:55.320 --> 00:44:01.000
allowed to ask. Malice murder and
felony murder have the same punishments, but
562
00:44:01.039 --> 00:44:04.840
they were not allowed to ask how
long Text would go to prison for these
563
00:44:04.880 --> 00:44:08.480
offenses. They did ask, but
of all the questions that this judge allowed,
564
00:44:08.840 --> 00:44:13.679
he refused this one. And it
is a matter of law, except
565
00:44:13.679 --> 00:44:19.920
in capital cases, juries are not
to consider punishment during their deliberations. Maybe
566
00:44:20.000 --> 00:44:22.800
they thought that felony murder was a
lesser charge, when in reality it's basically
567
00:44:22.800 --> 00:44:28.360
the same in terms of punishment.
Tex MacIvor will spend the rest of his
568
00:44:28.480 --> 00:44:31.760
natural life in prison he would have
if he had been convicted of malice murder.
569
00:44:31.840 --> 00:44:37.440
Also, I think the defense made
a crucial mistake with all or nothing
570
00:44:37.519 --> 00:44:40.920
charged to the jury. Typically,
all types of murder charges are on an
571
00:44:40.920 --> 00:44:45.800
indictment to give the jury and out
if they don't believe it was premeditated.
572
00:44:45.679 --> 00:44:50.559
It's not surprising the prosecution one of
this charge removed, But it was the
573
00:44:50.599 --> 00:44:54.119
defense who really rolled the dice.
Here. Tex is now embroled in a
574
00:44:54.119 --> 00:44:59.400
wrongful death suit with Diane's estate.
But here's the thing, so is Danny
575
00:44:59.440 --> 00:45:04.119
Joe Carter. She is named in
the same suit. The suit says that
576
00:45:04.159 --> 00:45:07.719
she breached the duty of driving in
a safe manner at all times, but
577
00:45:07.840 --> 00:45:10.480
specifically cites her decision not to call
nine one one and to drive to an
578
00:45:10.480 --> 00:45:16.440
ear instead. As of May of
twenty nineteen, the lawsuit hasn't been settled,
579
00:45:17.719 --> 00:45:22.360
so I'm sure by now you guys
know what I think. I think
580
00:45:22.360 --> 00:45:27.960
Tux mac Ivor was guilty of involuntary
manslaughter due to reckless conduct. I do
581
00:45:28.039 --> 00:45:30.960
not believe he intended to murder his
wife. I think he is an old
582
00:45:31.000 --> 00:45:35.760
man who had handled guns his whole
life and never thought something like this could
583
00:45:35.760 --> 00:45:40.199
happen to him. I think it
was a horrible tragedy, and his behavior
584
00:45:40.239 --> 00:45:45.199
after the fact was shitty. He
took bad advice and also made several bad
585
00:45:45.280 --> 00:45:51.639
choices on his own. He really
was his own worst enemy. But being
586
00:45:51.679 --> 00:45:55.440
a dumbass does not make you a
murderer. And you know what, maybe
587
00:45:55.519 --> 00:46:00.000
race did belong in this trial,
regardless of whether Tax made the Black Lives
588
00:46:00.039 --> 00:46:05.280
Matter comment or if it was really
his pr guy, the specter of race
589
00:46:05.440 --> 00:46:08.880
is there. This bad spot of
town they were stopped at wasn't just about
590
00:46:08.880 --> 00:46:14.480
homeless people, It was about black
people. Tex was an old white guy.
591
00:46:14.960 --> 00:46:19.119
His automatic response to this kind of
neighborhood is indicative of his own racial
592
00:46:19.119 --> 00:46:23.760
bias, whether he was conscious of
it or not. And ironically, Diane
593
00:46:23.840 --> 00:46:30.639
mcgiver had donated money to the Blue
Lives Matter campaign in Atlanta, tex may
594
00:46:30.719 --> 00:46:34.400
Or may not have understood the Black
Lives Matter movement, but it would seem
595
00:46:34.440 --> 00:46:38.480
that his wife did. Either way. When he awoke on this dark street,
596
00:46:39.000 --> 00:46:43.679
he didn't feel safe, so he
said, Darling, hand me my
597
00:46:43.800 --> 00:46:54.079
gun, and Diane mcgiver handed her
husband the gun that killed her. Southern
598
00:46:54.079 --> 00:46:58.679
Fried True Crime is written and produced
by me Erica Kelly, the original graphic
599
00:46:58.760 --> 00:47:01.159
artist by Khey Horner, and Southern
Fred's original music is by Rob Harrison of
600
00:47:01.199 --> 00:47:06.119
Gamma Radio. If you have any
case suggestions, please go to my website,
601
00:47:06.199 --> 00:47:10.159
Southern Fried Truecrime dot com and click
on the listener suggestion tab or email
602
00:47:10.440 --> 00:47:15.400
SFTC Research at gmail dot com.
This is the best way for me to
603
00:47:15.400 --> 00:47:20.280
get those little known cases you'll always
send me. Please remember that I do
604
00:47:20.360 --> 00:47:23.920
not accept suggestions on social media private
messages, but please come join our Facebook
605
00:47:23.920 --> 00:47:29.199
group, Southern Fried True Crime Fans
Discussion Group, where we've swapped recipes,
606
00:47:29.239 --> 00:47:31.840
worship Dolly Parton, and share memes. We do, of course discuss true
607
00:47:31.840 --> 00:47:36.199
crime, not just Southern FRIUD but
all cons. But it is still very
608
00:47:36.280 --> 00:47:39.519
much a Southern lifestyle group. Our
group is a safe and fun corner of
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00:47:39.559 --> 00:47:43.480
Facebook, and by God, we
mean it when we say no shit ass
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00:47:43.480 --> 00:47:45.760
is allowed. It's not just a
motto, it's how we run the group.
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00:47:46.199 --> 00:47:50.960
If you enjoyed today's show, don't
forget to subscribe and please tell a
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00:47:51.000 --> 00:47:54.280
friend or rate and review. I'm
also on all large platforms like iTunes,
613
00:47:54.320 --> 00:48:00.760
Aheartspotify, Amazon, and Audible.
Until next time, thanks so much for
614
00:48:00.880 --> 00:48:01.800
listening. You'll take care







