ATLANTA — Claude "Tex" McIver claimed it was an accident.
On Sept. 25, 2016, the prominent Atlanta attorney's wife, Diane McIver, died after being shot in the back with a handgun while in the passenger's seat of an SUV as they drove down Piedmont Road. Evidence showed McIver was riding behind her and had a loaded revolver in his lap.
Tex McIver said the gun accidentally went off.
Prosecutors disagreed, and charged Tex McIver with numerous counts connected to Diane's death, including malice murder and felony murder.
In 2018, a jury found McIver guilty on three of the four charges -- including the felony murder count, but not malice murder.
McIver was sentenced to life in prison. But four years later, a Georgia Supreme Court reversed the felony murder conviction, and a new trial was ordered.
Before a new trial would begin, a plea deal was reached.
With the story of Tex and Diane McIver set to be retold in an episode of A&E's "Killer Cases" premiering on May 29, here's a look back at the case:
Who is Tex McIver? Who was Diane McIver?
Claud McIver III, better known as "Tex", was a well-known Buckhead attorney who served on the Georgia State Election Board from 2005 until resigning in 2017 after being charged in the death of his wife. According to the Associated Press, McIver had been a partner at a national labor and employment law firm.
Diane McIver was president of Corey Airport Services, a company that provides advertising in airports across the United States.
The two were married in 2005.
Diane was 63 when she died, according to her obituary.
What happened on the night of Diane McIver's death?
Diane and Tex McIver were out for a fall weekend trip at their Putnam County ranch, along with their friend, Dani Jo Carter.
On the drive back, Carter took the wheel, with Diane in the other front seat and Tex in the back - his gun in hand. At some point in the trip, the gun went off, piercing the seat where Diane was sitting.
Where the story goes from there would become the subject of much controversy, as Tex made the decision to take his critically injured wife to Emory hospital, instead of one closer to their location.
Once at the hospital, Tex is asked by nurses and hospital staff what happened. His answer? It was an accident.
What was the initial reaction after Diane's death?
As friends and family members grieved the loss of Diane - described as a "brilliant and inspiring force of nature" in her obituary - an investigation into her death was already underway.
Police interviewed Tex as well as the couple's friend, Dani Jo, who drove the vehicle at the time of the shooting. Hospital staff were also interviewed as investigators attempted to piece together what happened on the route Dani Jo took through Atlanta on the group's way home.
Less than two weeks after his wife died, and not at the request of law enforcement, Tex took a polygraph test. It was set up by an attorney and was administered by Richard Rackleff of Federal Polygraph Associates.
Rackleff spent over three hours with Tex, who said he asked Diane for his gun while driving through the streets of Atlanta because he was concerned about possible crime in the area.
The results themselves - according to a scoring tool used by the American Polygraph Association - showed more than a 99% probability Tex was telling the truth. However, polygraph results are generally not admissible in court in Georgia. According to former FBI agent Stephen Foster, this is largely because there are people who can beat the test.
Another key detail of Tex's story that was difficult to pin down: just why exactly he was so afraid that night.
Bill Crane, a political analyst and family friend who offered his services as a spokesperson to Tex, told reporters early on that Tex was nervous about Black Lives Matter protesters when they were driving through Atlanta that night.
However, even if that was a convenient excuse, Tex himself would refute that very claim, later telling 11Alive it simply wasn't true. Instead, he claimed he was concerned about crime in the area and the safety of his wife and friend, Dani Jo.
In December 2016, Tex announced his plans to sell his wife's collection of clothing, shoes, and jewelry - described at the time as "a fashionista's dream closet."
Later that month, police charged Tex McIver with involuntary manslaughter and reckless conduct.
In April 2017, a grand jury returned an indictment for murder, with the District Attorney stating they found evidence that proved Tex meant to kill his wife.
What happened during Tex McIver's murder trial?
Tex McIver's murder trial began in March 2018. As expected, it was about guns, money and the marriage between Tex and Diane.
According to the prosecution, as Tex's life was spinning out of control and his salary was declining year after year, he relied more and more on his wife to maintain his lifestyle, specifically the ongoing care and upkeep of his beloved ranch in the country.
The prosecution also outlined the events of the night Diane died, as well as the scene at the hospital when friend, Dani Jo Carter - who drove the vehicle Diane was shot in - pulled up to the Emory emergency room entrance.
On top of that was a preview of evidence about Tex's changing narrative over the whole evening.
The defense on the other hand brought up a documented history of a sleep disorder that can caused Tex to jerk and twitch while he's slept, as well as waking up disoriented.
They wrapped up opening statements by insisting - again - that the shooting of Diane was a simply accident, not murder.
MORE ABOUT THE TRIAL: The Tex McIver case: The trial begins
One week into the Tex McIver trial, the only witness to the shooting of Diane McIver - Dani Jo Carter - took the stand.
READ MORE ABOUT DANI JO CARTER'S TESTIMONY: 'I heard a big boom' | Dani Jo Carter testifies
Another pivotal piece of evidence in the case was Tex's interrogation with police.
He sat down with his attorney two days after Diane died to describe what happened:
After several weeks of testimony, closing arguments were delivered on April 21, 2018.
But before the jury left to deliberate, Tex’s defense team asked Judge Robert McBurney to give jurors the option to find Tex guilty of misdemeanor involuntary manslaughter instead of murder. But the judge denied the request.
In addition to aggravated assault, possession of a firearm in the commission of a felony, and influencing a witness, the charges of malice murder and felony murder remained.
Twenty four hours passed, during which time the jury asked a handful of questions for the judge. The one that captured the most attention: If the jury finds Tex not guilty on all other counts, can he still be guilty of influencing a witness?
On Tuesday, April 24, 2018, the jury reached a verdict.
McIver faced four charges connected to his wife's death including:
- Count 1: Malice murder
- Count 2: Felony murder
- Count 3: Aggravated assault
- Count 4: Possession of a firearm during the commission of a felony
The jury found him guilty on all counts, except malice murder.
The next month, McIver was sentenced to life with the possibility of parole.
What happened after the trial?
In the months and years that followed the trial, Tex McIver's head was shaved as he began serving his life sentence, and the McIver estate was put up for sale -- but his defense team never gave up.
In July 2021, Judge Robert McBurney denied the defense’s request for a new trial. Tex’s attorneys turned their attention to a higher court. In October, the defense team filed a request for a new trial in a 70-page brief to the Georgia Supreme Court.
In the brief, they pointed to a range of issues they believed resulted in an unfair trial for Tex. Among those: Judge Robert McBurney’s refusal to allow jurors to consider a lesser charge of involuntary manslaughter.
The defense team also argued that the prosecution achieved a guilty verdict through -- quote:
“the accumulation of speculative and foundationless evidence about the supposed financial motive and by portraying McIver as a greedy, heartless, and contemptible man who should not be permitted to profit from the death of his wife.”
In July 2022, the Georgia Supreme Court reversed the convictions for felony murder and possession of a firearm.
The conviction on the influencing a witness charge remained.
Why was Tex McIver's murder conviction overturned?
The Georgia Supreme Court agreed with Tex McIver's attorneys' assertations that the jury in the case was not properly instructed to consider a lesser charge of involuntary manslaughter.
“The charge was authorized by law and some evidence supported the giving of the charge,” the state Supreme Court opinion stated.
The Court added that “the failure to give the charge was not harmless error, because we cannot say that it is highly probable that this error did not contribute to the jury’s verdicts.”
It didn't take long for prosecutors to announce they would seek to retry McIver.
Why wasn't there a second Tex McIver trial?
In January 2024, a plea deal was reached. McIver pleaded guilty to lesser charges, including involuntary manslaughter, and was sentenced to eight years in prison, though he is to receive credit for time served in relation to this case.
“She died as a result of my actions, plain and simple,” McIver said at the January hearing.
According to the Georgia Department of Corrections, McIver's max release date is Sept. 1, 2025.
Dig in deeper
Ever since the fatal night in September 2016, 11Alive has extensively covered the Tex McIver story.
Read more below, or check out the Intent: The Tex McIver Story podcast.