1 00:00:13,400 --> 00:00:17,800 Southern fried True crime covers cases that are not suitable for young listeners, and 2 00:00:17,839 --> 00:00:27,519 there may also be some explicit language used. Listener discretion is advised. On 3 00:00:27,559 --> 00:00:33,119 a hot Sunday in September of twenty sixteen, Text and Diane mc iver played 4 00:00:33,119 --> 00:00:38,600 golf in the searing Georgia's sun for four hours. They picked up Diane's best 5 00:00:38,640 --> 00:00:42,520 friend, Danny Joe Carter from their Putnam County ranch where she had been riding 6 00:00:42,560 --> 00:00:48,039 horses before they all headed back to Atlanta, stopping for dinner and Conyers. 7 00:00:48,240 --> 00:00:52,520 The mc iver's had been drinking, so after dinner, Danny drove the rest 8 00:00:52,520 --> 00:00:56,320 of the way home with Diane in the front seat and Text behind her in 9 00:00:56,359 --> 00:01:00,479 the back seat. At around ten pm that Sunday night, Atlanta traffic was 10 00:01:00,479 --> 00:01:04,599 at a standstill on the Downtown Connector. Diane told Danny Joe to get off 11 00:01:04,640 --> 00:01:10,239 at Edgewood Avenue. Tex had fallen asleep in the backseat and his wife fussed 12 00:01:10,239 --> 00:01:12,680 at him to wake up so we'd be able to sleep that night. When 13 00:01:12,680 --> 00:01:15,359 he looked around and saw the area they were in, he said, girls, 14 00:01:15,519 --> 00:01:19,400 this was a bad idea. This is a bad area. And then 15 00:01:19,439 --> 00:01:23,920 he said, Darling, hand me my gun. Diane McIver then handed her 16 00:01:25,000 --> 00:01:29,400 husband the gun that would kill her. The Atlanta PD charged mac Iver with 17 00:01:29,439 --> 00:01:34,840 involuntary manslaughter, but the DA disagreed and charged Text mac ivor with malice murder. 18 00:01:37,000 --> 00:01:44,120 But did Tex mac ivor really mean to kill his wife? Welcome to 19 00:01:44,159 --> 00:01:55,000 episode sixty six Text and Diane MacIver accident or Murder. Atlanta, Georgia is 20 00:01:55,000 --> 00:01:59,400 one of the most famous US Southern cities in the world. During the American 21 00:01:59,439 --> 00:02:02,640 Civil War, the burning of Atlanta was crucial in General Sherman's March to the 22 00:02:02,680 --> 00:02:07,640 Sea. It crippled the Confederacy and was the beginning of the end of the 23 00:02:07,680 --> 00:02:12,919 Civil War. The city fell in September of eighteen sixty four, and the 24 00:02:12,960 --> 00:02:17,159 war ended in April eighteen sixty five. The fall of Atlanta was extensively covered 25 00:02:17,159 --> 00:02:21,879 by northern newspapers, and they gave a huge boost to Northern morale as well 26 00:02:21,919 --> 00:02:25,520 as President Lincoln's political standing, as he won the election that November by significant 27 00:02:25,520 --> 00:02:31,680 margin. Sadly, Lincoln was assassinated just five days after Confederate General Robert E. 28 00:02:31,800 --> 00:02:38,599 Lee surrendered in Appomattox, Virginia. Today, modern Atlanta is known for 29 00:02:38,639 --> 00:02:43,400 its eclectic, diverse culture. It has been a mecca for African American political 30 00:02:43,439 --> 00:02:46,919 power, education, and culture. There has been a black mare and office 31 00:02:46,919 --> 00:02:53,520 in Atlanta since nineteen seventy four. During the civil rights movement in the sixties, 32 00:02:53,919 --> 00:02:57,080 a popular Atlanta slogan was it was a city too busy to hate, 33 00:02:57,360 --> 00:03:00,960 a slogan that would continue into the nineties, and in comparison to other large 34 00:03:00,960 --> 00:03:06,400 cities in the Deep South, the progressive politics and diversity would make that slogan 35 00:03:06,479 --> 00:03:10,080 ring true, But in reality, the people of Atlanta are still dealing with 36 00:03:10,199 --> 00:03:16,360 racial disparity, tensions and the economic effects of gentrification. In twenty sixteen, 37 00:03:16,400 --> 00:03:21,759 when Diane mac ivor was killed, Atlanta was in an exciting transitional phase. 38 00:03:22,879 --> 00:03:27,400 Real estate prices that had lagged since the recession finally saw an uptick. New 39 00:03:27,439 --> 00:03:31,520 ground was broken for retail and office spaces. The Braves left Turner filled for 40 00:03:31,599 --> 00:03:37,520 sun Trust Park, a new entertainment complex within walking distance of bars, shopping, 41 00:03:37,560 --> 00:03:43,159 and residential areas. In popular culture, the critically acclaimed show Atlanta premiered, 42 00:03:43,479 --> 00:03:46,319 as well as Stranger Thinks, the Netflix hit that while sat in Indiana, 43 00:03:46,599 --> 00:03:51,199 had been filmed in Atlanta and surrounding areas, giving another boost to the 44 00:03:51,240 --> 00:03:55,599 local economy. On April fourteenth, Prince played his final show at the Fox 45 00:03:55,680 --> 00:04:00,919 Theater in what patch dot Com called an intimate, stripped down performance just a 46 00:04:00,919 --> 00:04:06,039 week before his death. That May, Atlanta was chosen to host the twenty 47 00:04:06,120 --> 00:04:11,439 nineteen Super Bowl, making way for a new one point four billion dollar stadium 48 00:04:11,479 --> 00:04:16,079 that would host the Atlanta Falcons and the new Atlanta Soccer Club. Twenty sixteen 49 00:04:16,160 --> 00:04:19,879 was also the third year of the Black Lives Matter movement. In July, 50 00:04:20,439 --> 00:04:27,079 hundreds had marched in downtown Atlanta to protest police shootings. The day before, 51 00:04:27,360 --> 00:04:31,319 a young black man had been found hanging in Piedmont Park. The AJC reported 52 00:04:31,360 --> 00:04:35,079 that the protest was in party reaction to what many believed was a modern day 53 00:04:35,160 --> 00:04:40,519 lynching. However, the young man's death was ruled as suicide, and as 54 00:04:40,600 --> 00:04:44,360 social media posts showed that he had been shamed by his family for being gay. 55 00:04:45,360 --> 00:04:48,600 It was a terrible coincidence as there were so many police shootings nationwide that 56 00:04:48,639 --> 00:04:53,399 had led to the protests. In the first half of July alone, there 57 00:04:53,439 --> 00:04:58,319 were one hundred and twelve protests in eighty eight cities. It's important to mention 58 00:04:58,360 --> 00:05:00,800 the Atlanta March because it does become a factor in this case. Though there 59 00:05:00,920 --> 00:05:06,079 was no official march on the day Diane McIvor was killed, but still the 60 00:05:06,160 --> 00:05:12,199 specter of dangerous Black Lives Matter protesters was raised by Text mc Ivor's pr guy, 61 00:05:13,199 --> 00:05:17,839 a move that was seriously detrimental to mac Ivor's defense. I'm going to 62 00:05:17,879 --> 00:05:35,160 pause now for a short commercial break. Claude Lee MacIvor was born in San 63 00:05:35,160 --> 00:05:41,839 Antonio, Texas, on December twenty second, nineteen forty three. He graduated 64 00:05:41,839 --> 00:05:46,560 from law school at the University of Texas before moving to Atlanta. Claude, 65 00:05:46,879 --> 00:05:49,600 known as Texts all of his life, worked for Fisher Phillips law firm for 66 00:05:49,639 --> 00:05:54,519 decades. He was a labor lawyer, but he didn't represent the little guy. 67 00:05:54,800 --> 00:06:00,079 He represented the corporations. By twenty sixteen, he was a longtime partner, 68 00:06:00,560 --> 00:06:04,079 but recently he went from equity partner to income partner, meaning his income 69 00:06:04,160 --> 00:06:09,160 dropped from about seven hundred thousand dollars a year to about one hundred and twenty 70 00:06:09,160 --> 00:06:13,680 thousand dollars a year. He was seventy three years old. That's not unusual 71 00:06:14,639 --> 00:06:17,639 tex mac Ivor was also a staunch Republican who served on the state election board 72 00:06:17,680 --> 00:06:21,639 for twelve years. He was nominated by the governor in two thousand and five 73 00:06:21,800 --> 00:06:27,639 to be on the Judicial Nomination Committee, and even more telling, he served 74 00:06:27,680 --> 00:06:31,480 on the American Bar Association Committee on Gun Violence. Tex was a man who 75 00:06:31,600 --> 00:06:35,639 knew guns. He didn't just know them, he loved them, owning close 76 00:06:35,720 --> 00:06:40,879 to forty guns, some twenty two of those being rifles. He was such 77 00:06:40,879 --> 00:06:43,199 a good shot he could toss a bottle in the air and hit it. 78 00:06:44,560 --> 00:06:47,759 Tex MacIvor married his first wife, Nancy, in nineteen sixty six. They 79 00:06:47,800 --> 00:06:53,399 had three kids, two sons and a daughter. Nancy filed for divorce in 80 00:06:53,480 --> 00:06:59,560 nineteen ninety seven, citing several affairs. She said Tex had, specifically that 81 00:06:59,639 --> 00:07:01,800 he was having an affair with a woman that worked at their Putnam County ranch. 82 00:07:03,040 --> 00:07:08,040 The eighty five acre ranch was Texas crown Jewel. He had horses and 83 00:07:08,120 --> 00:07:11,920 cattle and a big, sprawling ranch house, as well as a guesthouse and 84 00:07:11,959 --> 00:07:15,920 pool. Tex kept the ranch in the divorce, but otherwise took quite the 85 00:07:15,959 --> 00:07:20,680 hit financially. It was an ugly three year court battle. When they settled 86 00:07:20,680 --> 00:07:24,920 in July of two thousand, Tex had spent more than one hundred thousand on 87 00:07:24,959 --> 00:07:28,839 attorney's fees, and he had agreed to pay Nancy almost seven hundred thousand dollars 88 00:07:28,839 --> 00:07:32,600 in alimony. Nancy also got half of his retirement account, which was valued 89 00:07:32,639 --> 00:07:36,439 at a little over seven hundred thousand at the time of settlement, and also 90 00:07:36,480 --> 00:07:42,160 half of their property, which was four hundred thousand dollars. Tex also had 91 00:07:42,160 --> 00:07:46,560 to pay one hundred thousand for her attorney's fees. The settlement even stipulated how 92 00:07:46,560 --> 00:07:51,680 Tex could visit their dog malone quote, the wife shall allow the husband to 93 00:07:51,800 --> 00:07:56,800 use her garden hose if necessary to wash the dog after one of his visits. 94 00:07:58,480 --> 00:08:01,680 His daughter and one of his sons stopped speaking to him after the ugly 95 00:08:01,720 --> 00:08:05,480 divorce, to the point that he wasn't even invited to his daughter, Meredith's 96 00:08:05,480 --> 00:08:09,040 wedding. At the time of his divorce, his assets totaled almost one million, 97 00:08:09,600 --> 00:08:13,560 but his monthly income was down to seventeen thousand dollars a month. He 98 00:08:13,639 --> 00:08:18,759 used to bring in close to sixty thousand, but like I said, his 99 00:08:18,879 --> 00:08:22,879 age and semi retirement had changed his salary. He met Diane the year of 100 00:08:22,920 --> 00:08:28,399 his divorce, though there is no speculation whatsoever that there was any overlap or 101 00:08:28,399 --> 00:08:31,440 that she was one of the affairs Nancy accused him of. He met her 102 00:08:31,440 --> 00:08:37,399 through business associates and was immediately enamored of the beautiful forty seven year old woman. 103 00:08:37,960 --> 00:08:43,279 Being ten years her senior didn't deter him at all. Diane Biddy Smith 104 00:08:43,399 --> 00:08:46,519 mac ivor was born on July twenty first, nineteen fifty three in Auburn, 105 00:08:46,559 --> 00:08:52,120 Alabama. She had a kind of rags to Rich's aura about her, but 106 00:08:52,200 --> 00:08:56,120 she grew up middle class, though her relationship with her mother was always very 107 00:08:56,200 --> 00:09:01,039 volatile. She had never known her father and her mother was an alcoholic with 108 00:09:01,159 --> 00:09:05,639 several ex husbands. Diane had a brother who died in his early twenties. 109 00:09:05,759 --> 00:09:09,200 She moved to Atlanta with her family when she was in high school, and 110 00:09:09,279 --> 00:09:13,600 a business owner named Billy Corey hired her when she was just seventeen years old 111 00:09:13,879 --> 00:09:18,879 as a part time payroll clerk. She worked nights to earn an accounting degree 112 00:09:18,879 --> 00:09:24,480 from Georgia State University. In her first job for Corey at US Enterprises, 113 00:09:24,639 --> 00:09:30,080 she started out answering phones and soon became president. US Enterprises is the umbrella 114 00:09:30,200 --> 00:09:35,639 company that Corey Enterprises falls under. At the time of her death, Diane 115 00:09:35,679 --> 00:09:39,120 mac ivor was the CEO of Corey Enterprises and her net worth was estimated at 116 00:09:39,120 --> 00:09:45,519 twelve million. She had worked for Corey Enterprises for forty three years. She 117 00:09:45,639 --> 00:09:50,919 was respected as a formidable businesswoman, ambitious, uncompromising, and tough as nails. 118 00:09:52,440 --> 00:09:56,519 Diane didn't marry until she was forty years old. She always just said 119 00:09:56,559 --> 00:10:01,440 that was a mistake. She never had children of her own. Friends later 120 00:10:01,519 --> 00:10:05,159 said it was a painful divorce, and like Texas divorce, it was also 121 00:10:05,279 --> 00:10:11,639 ugly with the splitting of finances, and Diane was estranged from her mother for 122 00:10:11,679 --> 00:10:16,200 fifteen years. Before her death. She wouldn't even attend her funeral, telling 123 00:10:16,240 --> 00:10:20,440 her neighbor that she would not shed one tear for her mother. Though tex 124 00:10:20,559 --> 00:10:24,679 and Diane had met before, he started pursuing her more vigorously when she moved 125 00:10:24,679 --> 00:10:28,240 into the luxury villa Buckhead Condos in Atlanta in the summer of two thousand. 126 00:10:28,799 --> 00:10:33,159 He slipped a note under her door welcoming her to the building. She wasn't 127 00:10:33,159 --> 00:10:37,279 interested at first, but he wore her down when she finally agreed to a 128 00:10:37,360 --> 00:10:41,159 date. It was dinner in Texas apartment, and Diane showed up in yoga 129 00:10:41,200 --> 00:10:45,759 gear in a ball cap. She was determined that this was going nowhere, 130 00:10:46,480 --> 00:10:52,159 but Text charmed her. Rachel Styles, one of Diane's assistants, said quote, 131 00:10:52,399 --> 00:10:56,399 he was the perfect match for Diane. Diane was a very strong woman. 132 00:10:56,799 --> 00:10:58,840 She intimidated a lot of men. They just didn't want to compete with 133 00:10:58,879 --> 00:11:03,320 her. The text didn't want to compete with her. He was just infatuated 134 00:11:03,360 --> 00:11:09,120 with her. Diane didn't trust many people, but seemed to trust those that 135 00:11:09,159 --> 00:11:13,240 worked for her. Her best friend, Danny Joe Carter, the one driving 136 00:11:13,279 --> 00:11:16,000 that night, was her manicurist. They had been friends for forty years, 137 00:11:16,320 --> 00:11:20,600 though there was a ten year period they didn't speak because Danny Joe had a 138 00:11:20,679 --> 00:11:26,639 drinking problem. She got sober and was then welcomed back into Diane's life. 139 00:11:26,799 --> 00:11:31,080 Diane's other trusted confidants were her two personal assistants at work, and the man 140 00:11:31,120 --> 00:11:33,879 who detailed her car and ran errands for her. And that's about it. 141 00:11:35,879 --> 00:11:39,200 You would think a woman in her position would have many rich, high society 142 00:11:39,200 --> 00:11:41,840 friends, but Diane chose to trust people who worked for her. It's not 143 00:11:41,879 --> 00:11:46,279 that she didn't rub elbows with the well heeled in Atlanta. She did, 144 00:11:46,120 --> 00:11:50,559 but her close friends were more down to earth, and I think there is 145 00:11:50,559 --> 00:11:54,799 something else at play here. Diane could be a bit controlling. She was 146 00:11:54,840 --> 00:11:58,279 known as a very blunt person. She would tell you that you've put on 147 00:11:58,360 --> 00:12:03,440 weight, offer tips on how to lose it. It wasn't really malicious. 148 00:12:03,759 --> 00:12:07,879 She was just fastidious and she always thought she knew best. She could be 149 00:12:07,919 --> 00:12:13,120 really critical, but everyone in her life accepted that as the other side of 150 00:12:13,159 --> 00:12:16,440 the coin. That was Diane because she was also very generous and loving, 151 00:12:18,000 --> 00:12:20,639 and she was hard on herself too. That's probably why she felt critical of 152 00:12:20,639 --> 00:12:24,440 others. She got up at five am every day to work out, and 153 00:12:24,480 --> 00:12:28,799 she kept weights in her office. But she can't always behave that way with 154 00:12:28,840 --> 00:12:33,639 your peers and get away with it. Diane did. But her friends were 155 00:12:33,679 --> 00:12:37,039 not exactly her peers. She was the CEO of a company, a self 156 00:12:37,039 --> 00:12:41,840 made millionaire. Her friends were mostly employees and co workers. She didn't have 157 00:12:41,919 --> 00:12:48,600 close friends in her own social standing, which isn't that unusual. How many 158 00:12:48,639 --> 00:12:52,919 female CEOs do you know? Her peer group would be mainly men in that 159 00:12:52,039 --> 00:12:58,120 sense, and before text she had even decided not to remarry. I think 160 00:12:58,159 --> 00:13:03,120 that wealth can be insulating from the world's problems, but it can also be 161 00:13:03,279 --> 00:13:07,279 very isolating. You never know if someone is your real friend or if they 162 00:13:07,279 --> 00:13:11,360 want something from you. At least with employees, you know where you stand. 163 00:13:11,480 --> 00:13:16,240 But Diane wound up falling hard for texts. They dated for almost five 164 00:13:16,320 --> 00:13:20,440 years before marrying in November of two thousand and five and a lavish ceremony at 165 00:13:20,440 --> 00:13:24,120 the Ranch. Diane came down the aisle in a horse drawn carriage. The 166 00:13:24,200 --> 00:13:30,039 horse, wearing a flower crown, was her maid of honor, and they 167 00:13:30,080 --> 00:13:33,720 lived a jet setting extravagant lifestyle, trips to Paris and the south of France. 168 00:13:35,440 --> 00:13:37,480 She in taxts would fly into Louisville for the Kentucky Derby, but have 169 00:13:37,600 --> 00:13:41,080 Danny Joe or her husband drive their limo up so they could have it to 170 00:13:41,159 --> 00:13:45,799 ride around town in. But she was generous to Danny Joe with these trips, 171 00:13:45,960 --> 00:13:48,080 even if Danny Joe might drive the limo or handle some other things for 172 00:13:48,120 --> 00:13:52,919 her. She was getting to go on all these fabulous trips all over the 173 00:13:52,960 --> 00:13:58,159 world with her generous best friend, and Diane often lent money to her friends. 174 00:13:58,240 --> 00:14:03,320 Terry Brown was one of Diane's personal assistants at Cory enterprises, and he 175 00:14:03,399 --> 00:14:05,960 was in charge of keeping track of the loans she gave friends. He told 176 00:14:07,000 --> 00:14:09,120 the AJC that around the third of every month, she would ask him if 177 00:14:09,120 --> 00:14:13,879 the money was all in. She loaned money but with reasonable interest rates, 178 00:14:15,320 --> 00:14:18,919 and she even loaned money to Text. It's important to note here that she 179 00:14:20,000 --> 00:14:24,039 and Text made the decision before they married to keep their finances separate. Both 180 00:14:24,080 --> 00:14:28,879 had been through messy, expensive divorces, and both were still self made millionaires. 181 00:14:31,320 --> 00:14:33,120 At the time of her death. It was estimated that Diane was worth 182 00:14:33,120 --> 00:14:37,120 around twelve million, but most of that was in real estate holdings. She 183 00:14:37,200 --> 00:14:41,600 had about four hundred thousand in the bank, and Text was worth about one 184 00:14:41,600 --> 00:14:46,840 point seven million on his own. I told you before that his income had 185 00:14:46,879 --> 00:14:50,240 significantly decreased, but it's not like he was a poor man. The engagement 186 00:14:50,360 --> 00:14:56,720 ring he gave Diane was worth sixty thousand dollars. The loan she made to 187 00:14:56,759 --> 00:15:00,600 Text was to expand the guesthouse, making it a real party house on the 188 00:15:00,639 --> 00:15:05,360 property in the style of an Old West saloon. I've seen conflicting reports on 189 00:15:05,360 --> 00:15:09,240 whose idea this was. Friends told reporters that it was Diane's. She loved 190 00:15:09,240 --> 00:15:13,600 having huge parties on the ranch. Text was fine with that as long as 191 00:15:13,639 --> 00:15:16,440 she could pay for it, but she made it a loan in his name 192 00:15:16,720 --> 00:15:20,639 with interest. He was paying around fifteen hundred dollars a month on the loan, 193 00:15:20,960 --> 00:15:24,200 just the interest. It was supposed to have been a three year loan, 194 00:15:24,360 --> 00:15:30,320 but in twenty fourteen Diana extended the loan for another three years. Terry 195 00:15:30,360 --> 00:15:35,159 Brown said that Text always made his payments on time. But the interesting thing 196 00:15:35,200 --> 00:15:37,879 on this extension is that she put a codicil that if Text defaulted, she 197 00:15:37,919 --> 00:15:43,080 could call on the loan and take controlling interest of the ranch. Well, 198 00:15:43,639 --> 00:15:46,279 tex had already willingly put her name on the deed to the ranch when they 199 00:15:46,279 --> 00:15:50,759 got married. This is where their finances seem murky to me. If she 200 00:15:50,879 --> 00:15:54,639 really was the one who wanted the saloon party house, she certainly could afford 201 00:15:54,639 --> 00:15:58,759 to pay for it, but she expected Text to and that condicul was her 202 00:15:58,799 --> 00:16:03,960 insurance that he would pay for it. But the same friends who claimed the 203 00:16:03,039 --> 00:16:07,039 saloon was her idea said that the loan through Text was merely for tax purposes. 204 00:16:08,399 --> 00:16:11,960 She in Text also made new wills. In two thousand and five. 205 00:16:11,519 --> 00:16:15,600 Much was made at Texas trial about the possibility of another new will that Diane 206 00:16:15,639 --> 00:16:21,799 had recently made, but they never found proof of it. The other important 207 00:16:21,799 --> 00:16:25,360 person to point out when it comes to the MacIvor finances is their godson, 208 00:16:25,799 --> 00:16:30,320 Austin schwal His parents were divorced and he was the son of a Fulton County 209 00:16:30,399 --> 00:16:33,720 judge. They both doted on the boy, but especially Diane, who never 210 00:16:33,759 --> 00:16:38,720 had children of her own. Austin called her mommy die. She threw him 211 00:16:38,759 --> 00:16:42,279 lavish birthday parties, paid for private school, and intended to pay for his 212 00:16:42,360 --> 00:16:48,399 college. If there were issues with her will, it was discussed on an 213 00:16:48,440 --> 00:16:52,799 offer for a few years. It was Austin Diane wanted to leave him everything, 214 00:16:52,919 --> 00:16:55,559 but text wanted to leave all, or at least part, to the 215 00:16:55,600 --> 00:17:00,559 son that still spoke to him. But Diane never legally changed her will. 216 00:17:00,960 --> 00:17:07,160 Despite the rumors the prosecution continuously brought up, there was no proof. No 217 00:17:07,240 --> 00:17:11,319 other will was ever found. The prosecution even put out an ad for any 218 00:17:11,359 --> 00:17:15,039 Atlanta lawyer who might have worked on a will for Diane MacIvor to please come 219 00:17:15,079 --> 00:17:18,680 forward. None did. But before we get into that, we need to 220 00:17:18,680 --> 00:17:26,640 go back to that Sunday night on September sixth, twenty sixteen. I'm going 221 00:17:26,640 --> 00:17:41,480 to pause now to hear a word from today's sponsors. That Sunday was a 222 00:17:41,519 --> 00:17:45,920 hot day for September even in Georgia, with temperatures rising into the nineties. 223 00:17:47,400 --> 00:17:52,839 Diane Texts and Danny Joe had been at the ranch all weekend. Danny Joe 224 00:17:52,920 --> 00:17:56,279 later testified that Tex got up that morning and brought her on Diane coffee upstairs 225 00:17:56,359 --> 00:18:02,359 before making breakfast for everyone. Liked doing little things like that. He was 226 00:18:02,400 --> 00:18:07,039 always the courtly gentleman, even after ten years of marriage. Text and Diane 227 00:18:07,039 --> 00:18:11,480 had given Danny Joe a horse, and that Sunday the mcgivers went to meet 228 00:18:11,480 --> 00:18:14,839 a friend to play golf while Danny Joe stated the ranch to ride her horse. 229 00:18:15,519 --> 00:18:19,480 Text later told investigators that his wife shot a seventy four that day while 230 00:18:19,480 --> 00:18:23,359 he shot a ninety two. They all had a lot of fun that day 231 00:18:23,359 --> 00:18:29,079 despite the heat. After they finished playing golf, Text and Diane picked up 232 00:18:29,119 --> 00:18:33,559 Danny Joe to head back to Atlanta. Danny Joe said they poured wine in 233 00:18:33,559 --> 00:18:36,960 a Yetti cup and sipped it as they headed to dinner and Conyers Georgia. 234 00:18:37,079 --> 00:18:40,440 On the way back into the city, they were meeting a friend and colleague 235 00:18:40,440 --> 00:18:45,240 of Diane's for dinner at the Longhorn Steakhouse. There, a bottle of red 236 00:18:45,240 --> 00:18:48,759 wine was opened. Text later said he didn't drink much of it because he 237 00:18:48,799 --> 00:18:52,720 didn't like it, but still after dinner, Danny Joe took over the driving 238 00:18:52,920 --> 00:18:57,799 because Diane in text, had been drinking and she was sober. As they 239 00:18:57,839 --> 00:19:03,559 neared Atlanta, travel on the Downtown Connector was a parking lot. Even at 240 00:19:03,559 --> 00:19:07,079 ten pm on a Sunday night, you can count on Atlanta traffic being the 241 00:19:07,119 --> 00:19:11,240 worst. Diane told Danny Joe to take the Edgewood Avenue exit, and then 242 00:19:11,279 --> 00:19:15,160 she turned around and fussed Text to wake up. He had fallen asleep in 243 00:19:15,200 --> 00:19:19,279 the back seat. Diane was in the front passenger seat and Text was directly 244 00:19:19,319 --> 00:19:23,079 behind her. She didn't want him to fall asleep because she said he wouldn't 245 00:19:23,079 --> 00:19:26,519 be able to sleep that night. When Tex woke up and looked around, 246 00:19:26,599 --> 00:19:30,039 he said, quote, girls, this is a bad idea. This isn't 247 00:19:30,079 --> 00:19:36,359 safe. He was talking about the area of Midtown they were in. Diane 248 00:19:36,359 --> 00:19:41,000 said, we'll be on Piedmont shortly, but he said, quote, Darling, 249 00:19:41,319 --> 00:19:45,279 hen me my gun, and Diane reached into the center console and pulled 250 00:19:45,279 --> 00:19:48,680 out a snubnose thirty eight revolver wrapped in a plastic bag, and then she 251 00:19:48,799 --> 00:19:55,200 handed it to her husband. And here is where everything went wrong. Text 252 00:19:55,240 --> 00:19:57,519 took the gun and laid it in his lap and then knotted back off to 253 00:19:57,559 --> 00:20:03,960 sleep. Danny Joe said that she was driving on Piedmont when she got stopped 254 00:20:03,000 --> 00:20:07,640 by a red light at either twelfth or thirteenth Street, and then she heard 255 00:20:07,680 --> 00:20:10,960 a boom. She thought at first that they had been hit by another car, 256 00:20:11,359 --> 00:20:15,400 but Tex quickly said I discharged the gun and asked if everyone was all 257 00:20:15,519 --> 00:20:21,079 right. Diane said, Text, what did you do? Danny Joe said 258 00:20:21,119 --> 00:20:22,279 she thought there would be a bullet hole on the floor of the car, 259 00:20:22,480 --> 00:20:27,119 and no one realized Diane was shot at first, not even Diane until she 260 00:20:27,160 --> 00:20:32,200 started breathing heavy and slumped in her seat, and then she said, I've 261 00:20:32,279 --> 00:20:37,279 been shot. At this, Tex leaned forward cradling her head as Danny Joe 262 00:20:37,319 --> 00:20:41,480 stepped on the gas to speed to a hospital. This is another huge point 263 00:20:41,480 --> 00:20:47,440 of contention at trial. Why didn't they just call nine one one? Danny 264 00:20:47,519 --> 00:20:51,039 Joe admitted she was scared because of the location and wasn't sure how long it 265 00:20:51,039 --> 00:20:53,799 would take to get an ambulance there. She had Piedmont Hospital in mind, 266 00:20:53,960 --> 00:20:59,680 but didn't know the way. Tex spoke up and directed her to Emory Hospital, 267 00:21:00,000 --> 00:21:03,599 which was not the closest. Even if it was the closest, anyone 268 00:21:03,640 --> 00:21:07,799 from Atlanta can tell you that Grady Memorial Hospital has a renowned Level one trauma 269 00:21:07,880 --> 00:21:12,839 unit. It handles almost all gunshot wounds in Atlanta. At trial, the 270 00:21:12,920 --> 00:21:18,640 prosecution won't apply that Tex intended to go to a further away hospital, But 271 00:21:18,680 --> 00:21:22,000 the truth is Emory Hospital was a client of his as a lawyer at Fisher 272 00:21:22,079 --> 00:21:26,960 Phillips. He had represented the hospital and had been there many times. He 273 00:21:26,039 --> 00:21:30,440 knew exactly where it was, and this makes sense to me. Despite the 274 00:21:30,440 --> 00:21:34,599 fact that Grady was known to be the place for a gunshot wound, Tex 275 00:21:34,720 --> 00:21:38,599 went to the first hospital he knew how to get to. What Tex and 276 00:21:38,680 --> 00:21:42,519 Danny Joe didn't know was that there was a firehouse some three hundred yards or 277 00:21:42,519 --> 00:21:47,839 so from where the SUV was sitting when Diane was shot, though the exact 278 00:21:47,920 --> 00:21:51,599 distance is estimated because they were on a section of Piedmont where the traffic cameras 279 00:21:51,599 --> 00:21:56,119 were not working. Danny Joe also wasn't sure which stoplight she was at, 280 00:21:56,079 --> 00:22:00,200 so there were medics extremely close by. I think the decision to drive to 281 00:22:00,240 --> 00:22:04,160 a hospital, any hospital, was a mistake. They should have called nine 282 00:22:04,200 --> 00:22:11,559 one one At the hospital, texas seen on security cameras jumping out of the 283 00:22:11,640 --> 00:22:15,680 suv and waving Danny Joe through to the emergency doors. He also helps get 284 00:22:15,680 --> 00:22:21,640 his wife into a wheelchair. Doctor Suzanne Hardy took Diane's case at the er. 285 00:22:22,799 --> 00:22:26,519 Diane made a spontaneous comment in front of the doctor while she was examining 286 00:22:26,559 --> 00:22:32,319 her. She said, quote, it was an accident. At trial, 287 00:22:32,720 --> 00:22:37,240 the prosecution focused on her only other statement. She said, I'm dying. 288 00:22:37,920 --> 00:22:41,559 And then the doctor asked if she wanted to see her husband, and Diane 289 00:22:41,599 --> 00:22:45,319 said no. To this, I say Diane was dying. Who knows if 290 00:22:45,319 --> 00:22:49,160 she even understood the doctor's question. At that point, her blood pressure was 291 00:22:49,240 --> 00:22:55,119 extremely low and she was about to be taken in for emergency surgery. The 292 00:22:55,200 --> 00:23:00,519 other spontaneous comment can be considered a dying declaration. It was not an answer 293 00:23:00,559 --> 00:23:04,519 to a question made under duress. Diane just said it. The bullet hit 294 00:23:04,559 --> 00:23:10,400 where Diane's eleventh rib met her eleventh vertebra, scattering pieces of bone. It 295 00:23:10,440 --> 00:23:14,759 then traveled through her left adrenal gland and left kidney and severed blood vessels, 296 00:23:14,759 --> 00:23:19,480 going into her spleen, then through her pancreas and stomach, so blood quickly 297 00:23:19,519 --> 00:23:25,200 started filling her abdominal cavity. The bullet missed her heart by centimeters, but 298 00:23:25,279 --> 00:23:30,880 because it nicked those arteries, she bled out internally anyway. Doctor Hardy wanted 299 00:23:30,880 --> 00:23:33,839 to transfer her to Grady, but Diane was never stable enough for transfer. 300 00:23:36,480 --> 00:23:41,000 In the operating room, surgeons opened her abdomen only to find several liters of 301 00:23:41,039 --> 00:23:45,079 blood close to what would be the total blood volume in her body. For 302 00:23:45,160 --> 00:23:49,759 over an hour, surgeons fought to save Diane's life, tying off damaged blood 303 00:23:49,799 --> 00:23:56,160 vessels and removing pieces of damaged organs, but her blood pressure kept dropping. 304 00:23:56,480 --> 00:24:02,400 The attending surgeon's report read her chance of survival was zero at this stage. 305 00:24:02,720 --> 00:24:07,160 There is no disagreement whatsoever among anyone involved, including all of the surgeons and 306 00:24:07,200 --> 00:24:11,240 the antithesiologist, that we could have done anything differently and given her a chance 307 00:24:11,279 --> 00:24:15,680 to survive. At the hospital, Tex called an old friend of his this 308 00:24:15,720 --> 00:24:21,000 would wind up being a very bad decision. His friend was also an attorney, 309 00:24:21,440 --> 00:24:26,240 an attorney who had represented him before. Stephen Maples is a Decatur attorney 310 00:24:26,240 --> 00:24:30,720 who defended Text when he was charged in nineteen ninety with three counts of aggravated 311 00:24:30,759 --> 00:24:36,319 assault for firing his pistol at a car with three young men inside. The 312 00:24:36,400 --> 00:24:40,240 teens had been hanging out in the Cul de Sac of Texas neighborhood, playing 313 00:24:40,279 --> 00:24:44,640 their music loud and annoying him. He tried seeking his dogs on them before 314 00:24:44,640 --> 00:24:48,640 he got his gun out, but the charges were dropped when Techs agreed to 315 00:24:48,640 --> 00:24:52,039 pay for the damages to the teen's car. And this was the guy who 316 00:24:52,079 --> 00:24:57,240 sat on the American Bar Association Committee on gun violence. It's an example of 317 00:24:57,279 --> 00:25:03,359 what the prosecution would later Seizon Pond tex was a politically connected white man. 318 00:25:03,839 --> 00:25:07,680 He got away with that incident fifteen years earlier, and now he was involved 319 00:25:07,680 --> 00:25:12,319 in another gun incident. At the hospital, Text and Stephen Maples were overheard 320 00:25:12,359 --> 00:25:15,759 conferring, and Text was heard saying, what do I say? What do 321 00:25:15,799 --> 00:25:21,480 I do? Naturally, there was much made of this at trial, but 322 00:25:21,599 --> 00:25:25,359 honestly, if you had just shot your wife, even accidentally, wouldn't you 323 00:25:25,400 --> 00:25:30,519 be scared? But optics are everything, and his behavior even while still at 324 00:25:30,519 --> 00:25:34,160 the hospital put people off, and at this point he had no idea that 325 00:25:34,240 --> 00:25:38,119 Diane had already told the doctor it was an accident. He went up to 326 00:25:38,200 --> 00:25:41,920 Danny Joe and said, why don't you just say you weren't there? Things 327 00:25:42,000 --> 00:25:45,160 like this can get so turned around. Just say you came here to be 328 00:25:45,200 --> 00:25:48,759 with us as a friend. And Danny Joe told him no, she couldn't 329 00:25:48,799 --> 00:25:52,799 do that, quote text, I just drove you to the r I can't 330 00:25:52,839 --> 00:25:56,839 do that. Why would I be here at this time of night on a 331 00:25:56,880 --> 00:26:02,240 Sunday without my own car. Joe talked to the Atlanta police right away and 332 00:26:02,400 --> 00:26:06,039 insisted it was a tragic accident. She said there was no doubt in her 333 00:26:06,119 --> 00:26:10,559 mind, and this was even after his strange request for her to lie at 334 00:26:10,559 --> 00:26:15,079 the hospital. She didn't tell police about Texas request the first time they questioned 335 00:26:15,119 --> 00:26:19,119 her, but she did the second time, and a very different Danny Joe 336 00:26:19,160 --> 00:26:22,880 testified at trial. She did not change her story, but she was no 337 00:26:22,960 --> 00:26:30,160 longer on Texas side. She now believed the shooting was intentional. I think 338 00:26:30,240 --> 00:26:33,400 like everyone else, she was put off by Texas behavior. After Diane's death, 339 00:26:34,519 --> 00:26:38,720 starting with him asking her to lie at the hospital. Afterwards, he 340 00:26:38,759 --> 00:26:42,119 went so far as to call Danny Joe's husband and tell him to get Danny 341 00:26:42,200 --> 00:26:48,200 Joe to retract what she told the police. Interestingly, Texas defense team found 342 00:26:48,200 --> 00:26:53,200 another reason for Danny Joe's flip. Diane had loaned her money also as she 343 00:26:53,240 --> 00:26:57,559 did for many friends and associates, and texts expected her to pay the loan. 344 00:27:00,319 --> 00:27:03,200 Now, this isn't as heartless as it sounds. Tex was executor of 345 00:27:03,240 --> 00:27:07,559 Diane's estate. Danny Joe wasn't the only friend expected to repay their loan. 346 00:27:08,880 --> 00:27:14,359 And about TeX's behavior, well, first of all, Tex didn't go voluntarily 347 00:27:14,400 --> 00:27:18,839 talk to police for two days. That does look bad. Why wouldn't you 348 00:27:18,920 --> 00:27:22,039 just sit down with them right away if it was an accident? And why 349 00:27:22,039 --> 00:27:26,799 didn't the police insist on speaking with him right away? I'm pretty sure if 350 00:27:26,839 --> 00:27:30,559 I shot my husband, I would be questioned that same day, even with 351 00:27:30,599 --> 00:27:33,839 a witness saying it was an accident. It does show that Tex was getting 352 00:27:33,839 --> 00:27:38,559 preferential treatment. The police felt confident it was an accident after taking Danny Joe's 353 00:27:38,599 --> 00:27:42,279 statement, So maybe this isn't as bad as it looks. But again, 354 00:27:42,720 --> 00:27:47,640 optics are everything, and to the world, this looked like a rich white 355 00:27:47,720 --> 00:27:52,880 lawyer with political connections. Wasn't being questioned by the police right away? And 356 00:27:52,920 --> 00:27:56,640 why would he choose to wait? Friends say, Text was beside himself. 357 00:27:56,079 --> 00:28:00,559 It wasn't to get his story straight. He was just in shock. When 358 00:28:00,559 --> 00:28:03,079 he did finally talk to the police, he said the gun was in his 359 00:28:03,160 --> 00:28:07,480 lap and it just went off. Text told police Quote, I was handling 360 00:28:07,480 --> 00:28:11,279 the gun. I forgot it was in my lap and it just went off. 361 00:28:11,440 --> 00:28:17,680 And I don't think he's lying. Text was diagnosed with rim behavioral disorder, 362 00:28:18,599 --> 00:28:22,640 which means where most people don't act out their dreams, Texts often did 363 00:28:22,680 --> 00:28:27,720 thrash around. Bill Rankin with the AJC podcast Breakdown explained this diagnosis very well. 364 00:28:29,440 --> 00:28:33,200 He said, normally people have a wall between their dreams and actual bodily 365 00:28:33,240 --> 00:28:37,920 movements and reaction to the dream. People with Rim behavioral disorder somehow, Quote 366 00:28:38,079 --> 00:28:45,000 breached that wall. Specifically, Text would clench his fingers and thrash his arms. 367 00:28:45,880 --> 00:28:51,359 A masseuse named Annie Anderson testified at Texas trial about his condition. He 368 00:28:51,440 --> 00:28:53,799 often fell asleep while getting a massage and she had to be careful about where 369 00:28:53,839 --> 00:28:57,160 she was standing in relation to his body if he fell asleep or he might 370 00:28:57,200 --> 00:29:03,799 accidentally hit her. She also had to testify to deny allegations of a sexual 371 00:29:03,880 --> 00:29:07,880 relationship with Texts. I will come back to this in a moment. The 372 00:29:07,960 --> 00:29:11,680 next big mistake text made was hiring a pr consultant by the name of Bill 373 00:29:11,759 --> 00:29:17,200 Crane. He made an official statement to the press that text was alarmed about 374 00:29:17,200 --> 00:29:22,319 the recent unrest surrounding several Black Lives Matter protests in the area and feared that 375 00:29:22,359 --> 00:29:26,720 they would be carjacked. This is the mistake that took this case. National 376 00:29:27,519 --> 00:29:33,559 Black Lives Matter representatives across the country were outraged. In fact, there is 377 00:29:33,599 --> 00:29:37,440 no evidence that there were protesters in that area on the ninth of September sixth. 378 00:29:37,799 --> 00:29:41,559 As many people have said, Bill Crane injected race into a case where 379 00:29:41,559 --> 00:29:47,400 it did not belong. I agree to a certain extent. First of all, 380 00:29:47,559 --> 00:29:51,960 Tex mac Ivor denies ever saying this. He said Crane made that statement. 381 00:29:52,400 --> 00:29:56,039 All he had said was that it was a bad area. Crane stands 382 00:29:56,039 --> 00:29:59,680 by his statement and testified that Texts tried to get him to retract the statement. 383 00:30:00,720 --> 00:30:03,240 This would lead to one of the three charges. The prosecution indicted texts 384 00:30:03,279 --> 00:30:08,319 for of trying to manipulate a witness. The other two counts for the same 385 00:30:08,400 --> 00:30:11,599 thing were for when he asked Danny Joe to lie and say she wasn't in 386 00:30:11,599 --> 00:30:15,839 the suv that night, and also for the message he left on her husband's 387 00:30:15,880 --> 00:30:21,519 voicemail. Text foolishly left the voicemail for Danny Joe's husband from jail. This 388 00:30:21,720 --> 00:30:25,240 was before he made bond. He found out that Danny Joe told the police 389 00:30:25,279 --> 00:30:27,079 what he had asked her to do, and he called her husband to ask 390 00:30:27,160 --> 00:30:32,440 him to get Danny Joe to stop talking to the police. Oh and he 391 00:30:32,480 --> 00:30:37,440 also said delete this message, except all calls coming out of the Fulton County 392 00:30:37,519 --> 00:30:42,079 Jail are recorded. Foolish indeed, and that is what I think is Tex 393 00:30:42,160 --> 00:30:48,640 mac Ivor's huge problem. He was arrogant and foolish. But before he had 394 00:30:48,640 --> 00:30:53,160 ever even been indicted, he made his next huge mistake. Within days of 395 00:30:53,200 --> 00:30:57,799 Diane's death, he was taking inventory of her extensive collection of cature clothing, 396 00:30:59,119 --> 00:31:03,400 vers, shoes, hats, and jewelry, and then he auctioned everything off. 397 00:31:04,400 --> 00:31:07,920 He held three auctions actually, and this is really hard for people to 398 00:31:07,960 --> 00:31:14,640 swallow. It was tacky. It was unseemly and it definitely looked callous. 399 00:31:15,000 --> 00:31:19,400 But Diane's estate lawyer actually advised Texts to do this until they could look wuidate 400 00:31:19,480 --> 00:31:25,400 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. 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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