Then came that deadly night. I hear a big explosion. I just knew immediately that i had to get out of there. A single gunshot, and she was gone. The love of my wife. You said tex was emotional and distraught. Yes. Hes never been the same since. What happened in that dark suv . And what was hiding beneath the surface . Trying to cover up something. I just took my breath away. She said, i cannot trust anyone else. Power and privilege. Love and greed. She was in control of the money. This had to be an intentional act. Did a secret lead to murder . I just looked at him and i said, i cant lie. All that glitters is not actually gold. Hello and welcome to dateline. Diane mciver was an Atlanta Businesswoman who enjoyed an extravagant lifestyle with her husband, tex. Then in a flash it was gone. A strange Car Ride through a dodgy neighborhood left one person dead and another struggling to explain how it happened. It was a mystery riddled with wealth, privilege, and power. But for investigators, it boiled down to one crucial question was this an Accident Or Murder . Heres Josh Mankiewicz with deadly detour. All they wanted was to get home. Turning off the interstate. To escape the Crawling Atlanta traffic. He says, girls, this is the wrong place, we dont need to be here, this was a bad idea. Its still hard to Math Tom fathom what happened next or why. I was trying to figure out where the explosion was. But heres whats pretty clear. One wrong turn really can destroy your life. To think that One Moment In Time you have an accident and you lose everything after that. Our story begins and ends with her, Diane Mciver. Nobody knows her better than Dani Jo. Shes beautiful, shes funny, she was brilliant. She was driven. Diane was born in auburn, alabama, where she survived a sad and difficult childhood. She realized her dreams in atlanta, a place that matched her ambition. What was she looking for . She was looking for success. Diane was barely out of High School when she went to work at u. S. Enterprises, a company in atlanta. She was a bookkeeper, but soon caught the eye of her boss, billy corey. There were some people working there that werent really doing their jobs, and she told him she could do their job and her job. I think he fired them and she did their job. It was back in the80s when Dani Jo and diane first teamed up. Best friends and confidants. Dani jo was a cosmetologist with a front Row Seat to dianes brilliant career. She loved crunching numbers. And along with billy corey, i think she learned how to wheel and deal. She rose through the ranks. And with her bossblessing became president of the company. Hiring, firing, and calling the shots. She would say, i dont want to hear about the labor pains, just show me the baby. Jay grover was a Vice President at dianes company. When she started in business here in atlanta, there were not a ton of female executives. No. Absolutely. And i think thats what one of the things that really set diane apart. I mean, she was a a woman in a mans world. She had a big personality, loved clothes, furs, hats, and kids. Although she never had any of her own. She survived one bad marriage and was in her 50s when she met Tex Mciver. He was selfmade too, a Military Brat from San Antonio who earned a rep in atlanta as a Labor Lawyer and a champion of republican candidates. He had great relationships, he had everybodys directdial mobile number. Bill crane is a political Commentator And Consultant in atlanta and a longtime friend of tex. He was a gentleman, he as gentleman. Both in terms of old courtly manners, standing when a lady enters the room. Tex was divorced too. Thats how he ended up living in the same Condo Complex as diane. They started going out. She said she started talking to him, but he was too short and too old. But obviously she got over that. It didnt hurt that he had this Ranch East of atlanta. It was nice enough back when tex first bought it, but it was fabulous after diane got through with it. It had a pool, gun range, ponds, horses, saloon, and texas longhorn cattle. Thats diane. They were there a lot. Diane was a great hostess. She was the life of the party. Soon Tex And Diane decided to make it permanent and a Wedding Date was set. November 5th, 2005. At the ranch. Everyone at the rehearsal could tell this wedding would be over the top. And it was. It looked like something out of a disney movie. Sheriff Howard Sills was on the guest list. There were hundreds of people here. People all aspects of society here. Theyd both been married before and decided this time to keep finances separate. Nearly a year later, their lives were blessed with a little boy. Sort of. A couple of friends asked Tex And Diane to be godparents to their baby named austin. Dianes assistant, terry brown, says diane would do anything for that little boy. He was the sun for her. The moon and the sun, i guess. The stars. He was the whole thing. Its all about austin. That was never more obvious than at the birthday bashes she and tex threw for austin. An annual exercise in excess. We love you very much, dont we, darling. Yes, forever. And ever. Byebye bye, I Love You three weeks after austins 10th birthday, Tex And Diane, with their friend Dani Jo, were headed home after a weekend at the ranch. They were driving a King Ranch Ford expedition, virtually identical to this one, and they made a short stop for dinner. It was september 25th, 2016. The Day Everything changed. After dinner, they headed for home. A trip of about 45 minutes. Tex and diane had had a little wine at dinner, so Dani Jo drove. Diane sat next to Dani Jo in the front Seat And Tex was right behind diane in the Back Seat, and off they went. Well, we headed on into atlanta on i20. As we got off of 20 to get onto the connector, it was just eight lanes of brake lights. Dani jo says tex was dozing in the Back Seat as the two women decided to get off the interstate to avoid the traffic. As were riding down the ramp, tex becomes fully awake, i guess. He looks around and he says, girls, i really wish you hadnt done this, this is a bad idea, this is a bad area. Thats when Tex Mciver made a request of his wife. Will and tex said, darling work, you hand me my gun . Tex regularly kept a gun in that car . Uhhuh. It was right in the center console, A Smith and wesson. 38 caliber revolver. And so she reaches down and gets it and hands it back to him. In a Plastic Bag . Uhhuh. In minutes they were out of the sketchy area and moving up piedmont off to the Cushier Parts of midtown. Everything was normal. Unremarkable. We were talking about politics and the debates. What is tex doing . He wasnt really talking. I kind of i thought that he had gone back to sleep. They were at Piedmont And 14th street. We were just sitting there, still waiting for the light to turn. And i hear a big explosion. Within Seconds Diane turned around toward the back and said, tex, what did you do . He say anything . He said the gun discharged. Then she started moving. She started moving forward. And she kind of turned around. And she was moving funny. And she said, tex, you shot me. What happened in that suv . A stunned diane is rushed to the hospital. Coming up tex was calling her name, and she was kind of breathing panicky. He said, theres been an accident. Tex faces questions from police. Handling the gun. I didnt realize it was in my lap. Im going to cry. The love of my life. When dateline continues. Or Atopic Dermatitis Under Control . Hide my skin . Not me. By Hitting Eczema where it counts, dupixent helps heal your skin from within, keeping you one step ahead of eczema. And that means longlasting clearer skin. And fast Itch Relief for adults. Hide my skin . Not me. By helping to control eczema with dupixent, you can show more with less eczema. 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Tex was calling her name, and he leaned forward and kind of grabbed her head, and she was kind of breathing panicky. They arrived at emory. Thats tex in the red shirt. Hospital personnel heard him yelling gunshot, and diane went into the e. R. Less than an hour later a doctor came out to tell tex and Dani Jo that diane was alert. And she said that diane had spoken and that her heart was strong. They had taken her up to surgery. By then police had arrived. They wanted to talk to Dani Jo outside. They wanted to drive the route. Oh, they drove the route with you right then . Yes. Then they took her to headquarters for questioning. She told police what happened in the car. He woke up, and i guess he had it had it in his hand, and he just pulled the trigger. As she sat there, Dani Jo was still thinking diane was going to be okay, but then they had gotten a call, and they they both left the room. I was sitting alone, and then i get this text from my husband. No. No. That diane had died. It turned out the Gunshot Wound through dianes back was catastrophic. The blood loss, too great. And i was devastated. I couldnt believe it. Diane mciver, so much larger than life in so many ways, was suddenly gone. Tex called me in the early hours of the morning and he said, theres been an Accident And Weve lost diane. Dixie martin, Texs Sister. How long until you realized the accident involved something he had done . Later in the conversation, and he was very emotional on the phone. I mean we were both crying. What was it like to break that news to people at the office . It was it was heartbreaking. Dianes company put her picture up on their Landmark Tower in atlanta. All the while, police were trying to figure out what exactly had happened in that car that night. Three days after the shooting, tex and his Attorney Steve maples went to answer their questions. Maples offered a preview. His only recollection is he had the the brown Paper Bag i mean, Plastic Bag and hes holding it down like this. And he said he didnt play with the hammer and he didnt pull it back to full coke. This is Texs Attorney saying the Gun Wasnt cocked. Youll want to remember that part. Tex himself entered shortly after and went over the whole story, explaining why he was so scared on that drive he felt he needed his gun. We went through an area i thought that was particularly dangerous at night. I had seen police vehicles there. Its its a route i take from my office to her office. Thats one that has a particularly high population of homeless people. Okay. And and i quickly said, this is a big mistake and were in a place that we dont belong in. That, tex said, is when he asked for the gun. A few minutes later the threat seemed to pass and tex said he fell back asleep. Anyway, i just just time to wake up and but she came to a stop, and i was handling the gun. Did not realize it was in my lap. Right. And it went off. He seemed emotional as he recalled how doctors told him his wife was dead. Two surgeons in scrubs and a chaplain come around the corner and start walking towards me. I actually looked behind me, hoping it was somebody else. Im sorry. No, take your time. The love of my life. If Tex Mciver had done nothing after that, if he had kept his mouth shut, if he had just grieved we probably wouldnt be telling you this story. But doing nothing . Thats just not Tex Mciver. Coming up a media firestorm, and tex provides the match. Texs comment gets blown up into, hes making this up to get out of the fact that he shot his wife. Could this have been more than an accident. There were no tears, there was no i never saw him cry. When dateline continues. Down . It could be a sign that your digestive System Isnt working at its best Taking Metamucil Everyday can help. Metamucil psyllium fiber, gels to trap and remove the waste that weighs you down. 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Flow Oh My Gosh where Man Go Oh My Gosh if a man see me Oh My Gosh i guess you never know what you got til its flow Oh My Gosh where Man Go Oh My Gosh if a man see me Oh My Gosh i guess you never know what you got til its Eh Uh, Eh Uh Eh Uh, Eh Uh Eh Uh, Eh Uh Eh Uh the death of Diane Mciver at incomparable design makes it beautiful. State of the Art Technology makes it brilliant. The visionary lexus nx. Lease the 2021 Nx 300 for 359 a month for 36 months. Experience amazing at your lexus dealer. The hand of her Husband Tex was big news in atlanta. New at 5 00, an Atlanta Lawyer who says he accidentally shot and killed his wife. And with two wealthy, prominent people involved in a shooting, rumors were on everyones lips. Thats when bill crane, a public relations consultant, offered to help his old friend tex. Social media was reporting a lot of wild rumors. Yes, they were, particularly on facebook. For example . That mr. Mciver was having an affair with the driver. And you werent, theres nothing to that . No. You think theres a chance he was having an affair with Someone Else . I never thought so. Tex had given his statement to police but online rumors continued. There were more substantive questions like why would the gun just go off. According to bill crane, tex said it happened after the car jolted. It was part of texs initial account to me, he was jarred away by a bump in the road. And why would tex feel threatened by a Homeless Encampment he had driven past many times before. And i asked him that. Bill said tex was thinking of the recent black Lives Matter protests in atlanta and how protests in other places had gotten violent. So tex said to me, i didnt know looking at those people, were they homeless people, were they going to carjack us or were they black Lives Matters protesters, but i was concerned. Tex apparently thought that would help explain to the public why he asked for the gun, so he told bill to give that story to the atlanta journal constitution. It didnt exactly work as planned. Texs comment that he didnt know whether the people around the car were homeless people or some kind of Street Criminal or a black Lives Protest gets blown up into bonfire of the vanities, larger than life and he is making it up to get out of the fact he shot his wife. And it morphed into black Lives Matter. Thats correct, which he never said and i never said that he said. The story with its racial overtones went viral. While tex was fighting to repair his public image, Dianes Colleagues were questioning things after her death. There were no tears. I never saw him cry. Ken rickert is the companys general counsellor. I never heard him say it was an accident, im so sorry. Tex look crushed, sad . I didnt detect any of that. He was he was just kind of matter of fact. Dianes colleagues also thought tex seemed way too interested in how his financial situation would change now that diane was dead. And he asked a very strange question about did i know anything about social security, could he get any of dianes benefits. And i was shocked. Texs Sister Dixie says she was flabbergasted that anyone thought Tex Wasnt behaving appropriately. She says he was clearly devastated by Dianes Death. He cried all the time. I dont know why No One Else has seen this. Tears running down his face. He has never been the same since. Imagine losing your loved one at your own hand, and thats what he had to face. In perhaps another effort to counteract the rumors and innuendo, tex decided on his own to take a Lie Detector Test, administered by an examiner his attorneys hired. I think it is important to note that he passed with flying colors. Diane, love you and were going to miss you. But a month after her Death Tex walked into the lions deny at the company Memorial Service for diane. Dixie attended with tex and it was an evening she came to regret. We walked in through a little gang planklooking thing, and to the left is her jaguar with a light on it and a Red Rose on the hood. And im thinking, okay. They pass Dianes Car and entered a large room. And theres a mannequin with dianes clothes on it. With God Son austin at his side, did tex even notice the under current in the room . Dixie sure did. And as im walking around, i noticed that my brothers not in any of the photographs, not on the video. Hes been basically erased from her life. No way that could be accidental . Oh, gosh, no. They removed him . Yes. That was the Turning Point for me. I realized that they had turned on him. It was a notsosubtle shift in attitude away from a man who was once considered Diane Mcivers loving partner and protector. Maybe he noticed, maybe not, but his next move would get people talking even more. Coming up luxury for sale. There were over 100 jewelry items. Auctioning off dianes estate. Another mistake . Hey, this doesnt that doesnt look good. I mean if you dont have to do this right now, dont do it. And that frantic drive. Wait a minute, hes telling you to slow down . Yes. When dateline continues. Namaste. Surprise parties. Aww, you guys. Dupixent helps prevent asthma attacks. For 3 . So i can du more of the things i love. Dupixent is not for sudden breathing problems. Its an addontreatment for specific types of Moderatetosevere Asthma that can improve Lung Function for better breathing in as little as two weeks. And can reduce, or even eliminate, oral steroids. And Heres Something important. Dupixent can cause serious allergic reactions, including anaphylaxis. Get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. Tell your doctor if you have a parasitic infection, and dont change or stop your asthma treatments, including steroids, without talking to your doctor. Are you ready to du more with less asthma . Just ask your Asthma Specialist about dupixent. Welcome to allstate. Here, if you already pay for Car Insurance, you can take your home along for the ride. Allstate. Better protection costs a whole lot less. Call a local Agent Or 1800allstate for a quote today. Sometimes you wanna go where everybody knows your name and theyre always glad you came welcome back, america. It sure is good to see you. Welcome back to dateline. Im natalie morales. Tex mciver told police he shot and killed his Wife Diane by accident. He even took a Lie Detector Test to support his story, but the wealthy Widowers Behavior in the weeks after Dianes Death was raising eyebrows. Did tex want his wife did . It was a question that would haunt dianes friends and lead investigators to a potential motive for murder. Once again, here is Josh Mankiewicz with deadly detour. With police investigating, rumors flying and even old friends becoming suspicious, Tex Mciver seemed to be doubling down. About twoandahalf mont after diane was killed, tex put her furs, clothes and jewelry up for sale. Even though his Friend Sheriff sills told him, bad idea. I said, tex, this doesnt that doesnt look good. I mean if you dont have to do this right now, dont do it. But he did. Never Met A Mannequin She didnt like . Thats right. Auction House Owner Robert ailers ran the sale and even he was impressed. How many pieces total. There were over 100 jewelry items, not costume, but real jewelry and one of the Big Lots were a pair of Diamond Studs that were several carats each. I heard people were lined up three and four deep to try on the jewelry. Before the sale started there were probably 150 to 200 people in line to get into the building. So the notoriety helped. The notoriety definitely affected the sale, yeah. Did you tell him that unloading all of Dianes Stuff so soon after she died would be seen by some people as sort of callous . No, and i dont think it was callous. And more than that, Texs Sister dixie says, it was necessary. Diane was wealthy by any standard, but her estate was cash poor. Selling her belongings raised money for dianes bequests. She left money to people that she didnt have. So the Estate Attorney said the quickest way to raise the cash is sell her things. So the idea to sell everything, that came from the attorney, not from tex . Your life can never be the oh, absolutely. Between the estate sale, the same. It it it never will be, no matter how much i put on that face and tell everybody that im fine. Ill never be the same after this. Those were, to be sure, serious charges, but they also made clear police believed tex didnt mean to kill diane. Tex had dodged a murder charge, but his sister said tex didnt seem to get that. He just kept saying, but it was an accident. I said, but someone died. I dont know what he thought. Who knows what was going through his mind at that point . Tex mciver was released on bond, and while he seemed clueless about why he was charged with anything, dianes friends and colleagues wondered if he had been charged with enough. I was angry. It is like i didnt care i didnt i didnt care what i was angry, i didnt care what happened to him. In the months since Dianes Death, Dani Jo had become suspicious about Texs Behavior during that final, fatal drive. So we asked her to take us along the route they drove that night. This is the underpass where tex says he first began to worry about the homeless people in the area. Dani jo says there was no danger. Nothing that would have kept you from driving away, going on your way . No. Just a few minutes later we came to where they made that Fateful Stop in midtown, atlanta. And it was, says Dani Jo, just a stop. We were sitting at a red light. No bump . No bump. You know the rest. Diane was shot and Dani Jo took off for the hospital. She says she was frantic, but tex, she says, was calm. As a matter of fact, at some point a little bit farther up he told me to slow down and be careful, that there might be people out here with walking with baby carriages. Wait a minute. His wife is wounded in the Front Seat here by his hand, and hes telling you to slow down . Yes. At the Hospital Diane was already in surgery when police showed up, and that, according to Dani Jo, is when tex said the weirdest thing. He looked past me and he said, i dont trust these guys. I hate to see you get wrapped up in this, Dani Jo. Ive seen how these things can go down. And he said, you just need to tell them that youre down here as a friend of the family. Wait a minute. Youre here as a friend of the family and not as the person who was driving the car when the shooting happened . Right. And so i leaned down again. Well, i said, tex, i just drove you in to the emergency room. Looks at me and he goes, well, they dont know that. I thought, what do you mean they dont know that . Dani jo shared her misgivings with dianes coworkers. They were now convinced Atlanta Police Hadnt dug deeply enough. Jay grover was skeptical of texs claim that the gun had just gone off. This does not make sense. Logically it just doesnt make sense. What are you saying . Something wasnt right. It turns out Fulton County Prosecutor Clint Rucker was thinking the same thing. There was no malfunction with the gun at the time it was discharged. It was in perfect operating condition. It had 12 pounds of pressure needed to pull the trigger. Meaning it is not easy to do. It is not easy to do. It became very clear to me this had to be an intentional act. Dianes colleagues gave the da her computer and files, Hoping Rucker might find more evidence. And that is when the evolution of the motive then developed. Ruckers investigators found documents suggesting tex was in financial trouble. What is more, Dianes Colleagues revealed she had been working on a new will. Rucker wanted to find that will so he got a Search Warrant for the ranch and condo. No will turned up but Something Else did, a glock in texs condo. That was a violation of his bond, so tex went back to jail. The next Day Rucker filed new charges and the Tex Mciver cases escalated from careless accident to malice murder. It was according to Texs Sister, dixie, preposterous. If youre going to kill your wife, is that how you would choose to do it . It makes no sense. Who commits a murder with a witness sitting right there. Exactly. Absolutely on accident. Dixie believes her brothers story, but will a jury. Tex mciver goes on trial and secrets spill out. Coming up, devoted husband they were very close, very affectionate. Or desperate spouse. She would tell him in no uncertain terms, youre going to have to get your Money Situation together. Diane could take control of the ranch by foreclosing on it if the defendant did not pay. When dateline continues. Introducing Aleve X. Its fast, powerful longlasting relief with a revolutionary, rollerball design. Because with the right pain reliever. Life opens up. Aleve it, and see whats possible. At progressive, we love your pets as much as you do, like this guy in a hat. Thats why progressive Car Insurance covers your pets for up to 1,000 if theyre ever in a Car Accident with you. This mini majorettes gonna march her way right into your heart. Im sorry. Can we stop . I know that were selling Car Insurance here, but, you know, all the cute little animals, its too much. Define too much. Whats wrong with cute animals . So are we doing this or what . Nah, its over. [ sighs ] well, someones got to break the news to mittens. [ Squeaks Softly ] shes a diva. [ Mittens Squeaking ] nexgard is the Flea And Tick protection thats 1 with vets. 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Tell your doctor if you have a parasitic infection, and dont change or stop your asthma treatments, including steroids, without talking to your doctor. Are you ready to du more with less asthma . Just ask your Asthma Specialist about dupixent. The Tex Mciver case had it all, race, privilege, tragedy, and rich people doing dumb things. Once the trial started in march of 2018, Atlanta Couldnt get enough. Now, this is the case about maintaining an image of Wealth And Power that the defendant created for himself and the lengths that he went through to keep it. In her opening statement, then assistant Da Selena Griffin said the motive was money. The states theory, Diane Mciver was carrying her husband financially. Right before their Wedding Tex gifted diane half the ranch. Later she loaned him 350,000 for which he put up the other half of the ranch as collateral. That diane could take control of the ranch by foreclosing on it if the defendant did not pay. With tex near retirement, Prosecutor Clint Rucker said he was no longer earning the big salary he needed to pay all of the ranch expenses. Her star was continuing to rise while his was continuing to fall, and she would tell him in no uncertain terms, youre going to have to get your Money Situation together. The states financial expert testified Dianes Death made tex a richer man. So the day before her death, 1. 7 million, mr. Mcivers net worth. The day after death, 5. 9 or 6 Million to 6. 9 million. What is more, claimed the prosecutor, diane had quietly made a new will. Receptionist Rachel Styles remembers making copies of a certain document around late 2014. I went back and handedem to her and she says, thank you so much, this is my new will. According to the prosecution, in the supposed new Will Diane wanted to leave the ranch to austin, tex did not, and that created a rift between them. A more Concrete Piece of evidence was the. 38 that killed diane. Prosecutors showed the jury the Police Interview with tex. I was handling the gun. Uh, did not realize it was in my lap. Right. And it went off. A Gun Expert from the Georgia Bureau of investigation told the jury how the gun worked. If i sit down with it and hold it down here in my lap, will it just go off . No. If i handle it like this in any way, will it just go off . No. Their God Child it took the prosecution 66 witnesses and 16 days to make its case. The Defense Team had a shorter, simpler case, but they also had their hands full with a client who hadnt always acted in his own best interest. Mr. Mciver was just hellbent on defending himself at times. Was one of your advice to him to please stop talking . Absolutely. Like i wont represent you if you dont stop opening your mouth . Much more than that. Physical consequences. Amanda clark palmer, don sam annual, three of the best lawyers in georgia were adept at using Prosecution Witnesses to bolster their defense. For example, they got the states Forensics Expert to agree in some circumstances the shooting could have indeed been unintentional. And, again, this weapon as well as any other weapons can be unintentionally discharged, correct . It can be, yes. Texs attorneys pointed out how Prosecution Witnesses testified Tex And Diane were happy together and planning to stay that way. As far as i can tell you, it was a very good marriage. They were very close, very affectionate. It was quite obvious they were very much in love. In fact, it was a Prosecution Witness who knocked down the argument that diane was going to call in that big loan and foreclose on the ranch. Her colleague, ken rickert, testified that while diane could have done that she probably wouldnt have. Im not sure that that would have ever happened. Diane would have avoided that, i believe, at all costs to try to keep the marriage together. As for the allegation of a second will, that was easy. It doesnt exist, thats why it was never produced. The receptionist testified she never actually saw the will, and Prosecutor Clint Rucker admitted he never did find it, and he tried. You never produced the second will . Never produced the second will. An er doctor called by the prosecution gave the defense one of the most intriguing bits of testimony. She said diane told her the shooting was an accident. And in The End it was clear she was saying he had the gun, correct . Yes. In her coherent state she said it was an accident . Yes. But the Bottom Line for the defense was that the Murder Scenario itself was absurd. Were going to drive back to atlanta, to our condo in buckhead, and on the way im going to shoot my wife through the back of the seat with her Best Friend sitting there. What, are you kidding me . Come on. Finally, the defense offered a medical reason why tex might have fired the gun when he didnt mean to. For Years Tex had been treated for a Sleep Disorder which caused him to jerk in his sleep. It is called confusional arousal. Is that normal . The defense called the Sleep Specialist who had been treating tex for a decade. He did have a previous study that was done at Mayo Clinic Jacksonville in 2004 which did specifically comment about his moving his arms and legs in a sort of large amplitude movements while he was dreaming in the sleep lab. Confusional described a lot of things in this case, but if jurors were hoping Closing Arguments would offer some clarity, they were about to find muddy water. Coming up when he killed diane it is like hitting the lottery. He is going to vilify Tex Mciver, were going to muddy him up, thats their mission. Accident or murder . A defendant under the gun and a jury all over it. We got to hold the gun. The gun, and feel the force. What would the verdict be . When dateline continues. Just two pills for all day pain relief. 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[ Me And You by barry Louis Polisar ] Me And You just singing on the train Me And You listening to the rain Me And You we are the same Me And You have all the fame we need indeed, you and me are we Me And You singing in the Park Step onto the blue line, sir. Me and you, were waiting for the dark this device is giving us an accurate temperature check. Youre good to go. I have to take care of my coworkers. Thats how i am. I have a son, and he said, one day im gonna be like you, im gonna help people. Youre good to go, maam. I hope so. This is my passion. And that accidental shooting. He intended to do it a man like you, Gun Expert, having financial problems, arguing about this ranch. Listen, black Lives Matter is not about race. Its about the justification for having the gun in the Back Seat. At The End of his closing despite his promise, the d. A. s jar was far from clear. Not a good sign. That muddy water, said the defense attorney, symbolized the states murky treerheory. We are going to vilify Tex Mciver, muddy him up. Thats the mission. Proving there was no financial motive to kill diane. Tex was not broke nor was he in dire financial straits. The States Prosecution puts Texnet Worth at 1. 7 million before diane died. After 21 days of trial the jury took over the fate of Tex Mciver and after three days of deliberation, it became clear not many jurors were convinced by the prosecutions case. Especially when it came to motive. The Jury Foreman told us is boiled down to one thing. The gun. We got to hold the gun, the gun and feel the force, cocked. Not cocked. I did the similar thing with a similar gun and the help of jay jarvis. So hardest thing may be cocking the gun. That requires a lot of effort. Yes. Once its cocked firing it, somewhat easy. Very easy. Firing it uncocked, requires more effort. Yeah. About six times the effort. So the obvious question was texs gun cocked or not . We felt if it was cocked, then, yeah. It could have fairly easily been done by accident. The jury asked to see the video from the video. Texs attorney answered their question. Pulled the hammer, pulled it back. The only evidence the gun was not cocked came from texs own attorney, but eve than didnt do it. After five days of deliberation, jurors sent a message to the judge we dont see a path to overcome our differences on the defendants intent. The judge refused to accept a deadlock and sent them back to deliberate. Four hours later the jury signaled a verdict had been reached. Texs Sister Dexie and his friend sat anxiously on one side. Dianes colleagues including Jay Grover filled the Prosecution Side of the room. The case that had Riveted Atlanta was coming to an end. On count one, murder, we find the defendant not guilty. Not guilty of deliberately murdering diane, but, wait. The Felony Charge of shooting the gun at diane we find the defendant guilty. Killing someone while commit ag felony. Guilty of felony murder. Possession of a firearm in the course of a felony. Guilty. Trying to influence the Witness Danny jo carter. Guilty. In lay terms the verdict meant tex didnt mean to kill diane but he did mean to shoot her. When you hear the first guilty count it was like, we got him. We got him. Texas lawyers were mystified. I think its a mistake in the verdict, and it is the result of a compromise and i think it is just plain wrong. Texs Sister Dixie is still stunned. To think that One Moment In Time you lose your wife, you lose your friends. You lose your money. You lose your house, you lose your career, you lose your dignity, and you lose your freedom and your future. Only once did Tex Mciver speak in court, in a rambling statement before sentencing, tex declared how much hed miss hi godson austin. The food at chickfila, and then finally his Wife Diane. But if i might just say to her directly, i know shes here, i feel the presence as im speaking to you, darling, you have brought me fulfillment few men on this earth have ever known. Thank you, and until we are together again. Tex mciver is now serving a life sentence. His Attorneys File Add Motion for a new trial but at 76 years old, Freedom For Tex is a long shot. And Danny Jo is okay with that. She misses her Friend Diane every day. I dream about her a lot. I miss her. For months after the verdict, the beloved Mciver Ranch stood vacant. Extravagant parties and celebrations just memories. Dianes Wedding Dress hung there in the closet alongside a shrine of Sorts Tex made in her honor. Remnants of a marriage many thought was as good as it gets, but as tex settled into prison, an auctioneer sold it all to the highest bidder. Thats all for this edition of dateline. Im natalie morales. Thank you for watching. She has a magnetic Quality Dark Raven hair, the intense brooding look to her. 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