CONVICTION OVERTURNED GA - Diane McIver, 63, Fatally Shot, Atlanta, 25 Sept 2016 *husband arrested* #2

[YESorNO]

Tex McIver Juror Gives Epic Interview on Why She Voted to Convict (with full interview)

"One of jurors in the Tex McIver case discussed the logic behind the guilty verdict in an interview with the Law&Crime Network....

Juror 61, Lakeisha Boyd, explained the logic in an interview on Thursday afternoon...."

https://lawandcrime.com/live-trials...s-epic-interview-on-why-she-voted-to-convict/
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On Ytube also:

Juror 61 Lakeisha Boyd Aaron Keller & Brian Wagner Talk Tex McIver Verdict 04/26/18

[video=youtube;dPHKviM4YG0]https://www.youtube.com/watch?v=dPHKviM4YG0[/video]
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[AzPistonsGirl]

This post lands at random. I have been reading and following this case closely, but not commenting, for several reasons, but appreciate the insight, dialogue and links shared here.

I just want to say something that is not often popular but... this case is yet another demonstration of why I am so staunchly for PROFESSIONAL JURIES in this country. This was a debacle IMO. We need professionally trained folks to decide jury trials. I'd never want a neighbor or random joe deciding my guilt or innocence, or handing down a sentence recommendation. Many countries have professional juries. I hope we can get there at some point.

Thanks for letting me share too.

 

[turaj]

This post lands at random. I have been reading and following this case closely, but not commenting, for several reasons, but appreciate the insight, dialogue and links shared here.

I just want to say something that is not often popular but... this case is yet another demonstration of why I am so staunchly for PROFESSIONAL JURIES in this country. This was a debacle IMO. We need professionally trained folks to decide jury trials. I'd never want a neighbor or random joe deciding my guilt or innocence, or handing down a sentence recommendation. Many countries have professional juries. I hope we can get there at some point.

Thanks for letting me share too.

I SO AGREE WITH YOU....thank you for posting that...I think if you watch the latest interview of juror 61 it is a great illustration of why professional juries would be so much better.

 

[alsleuther]

Regarding Tex's half of the Ranch, will it be foreclosed on now? I'm sure the estate's goal is to liquidate everything as quickly as possible to make good on the money that Diane willed to her old housekeeper and other individuals. I think the total value of the Ranch may be in the $1.5 - $2M range. Do you think it will be listed for sale soon or will be foreclosed on and auctioned off? I'm so curious to see what the inside of the Saloon looked like and the extensive renovations that Tex had done with all the borrowed money. Also there is a lot of acreage with the property. I wonder if if would be a hard sale in Eatonton?

Also I watched the trial in bits and pieces. Did we ever find out what happened to Diane's wedding ring set? I don't believe they were sold in the estate sale, but never heard what Tex did with them? I imagine they were quite valuable.

 

[alsleuther]

I SO AGREE WITH YOU....thank you for posting that...I think if you watch the latest interview of juror 61 it is a great illustration of why professional juries would be so much better.

I wonder how difficult it is to get a high caliber jury. I know personally each time I've been called for jury duty I fill out the comments that I cannot serve due to being a full time care giver to small children. As much as I would have loved to serve on a jury like this, to be absent from my family for 5 full weeks would cost me a small fortune in child care!

 

[turaj]

it is difficult...if you listen to a jury selection process or from personal experience ....most try to get off on hardship...very few employers pay you even a % of your salary and then that is required only in some states...most cannot afford to be away for any length of time. Sometimes you get lucky with retired folks that have professional background and in the case of this jury there were definitely some professional people and honestly I don't know what went wrong here.

 

[geevee]

I SO AGREE WITH YOU....thank you for posting that...I think if you watch the latest interview of juror 61 it is a great illustration of why professional juries would be so much better.

That interview was rather frightening, it won't surprise me at all if one or more of the convictions are overturned based on nothing more than the jury didn't seem to know what the heck they were doing. I'd love to hear from the foreman or at least a few other jurors; based only on what 61 says I'm fairly aghast she had the freedom of another in her hands.

They were stuck on intent but all along he intended to shoot her, but not to kill her because the state didn't prove that but if he had his finger on the trigger he meant to shoot her but it wasn't malice murder...oh my. And why should Dani Jo be charged and for what? I didn't see the FB interview, could she even explain why she thought DJ deserved to be charged with anything?

 

[geevee]

Regarding Tex's half of the Ranch, will it be foreclosed on now? I'm sure the estate's goal is to liquidate everything as quickly as possible to make good on the money that Diane willed to her old housekeeper and other individuals. I think the total value of the Ranch may be in the $1.5 - $2M range. Do you think it will be listed for sale soon or will be foreclosed on and auctioned off? I'm so curious to see what the inside of the Saloon looked like and the extensive renovations that Tex had done with all the borrowed money. Also there is a lot of acreage with the property. I wonder if if would be a hard sale in Eatonton?

Also I watched the trial in bits and pieces. Did we ever find out what happened to Diane's wedding ring set? I don't believe they were sold in the estate sale, but never heard what Tex did with them? I imagine they were quite valuable.

Can they settle the estate before his appeals run out? What if his convictions are overturned and he is legally allowed to inherit?

 

[dancinunderthemoon]

and in addition, somewhere i read, she told tex to memorize their ranch hands duties, basically, he could do that now and save a chunk every month, she was cutting him off, he did NOT LIKE THAT so he killed her

Agree! And Diane was 63 when she died. Certainly she had some thoughts about retiring herself in the coming years. When she met and married Tex they were both bringing in substantial incomes, but here Tex is about to retire and running his Ranch to the tune of $20K a month. He had no way to repay her all the money he had borrowed. Was he expecting Diane to keep working M-F in Buckhead, so he could move down to the Ranch full time with his little entourage of assistants, masseuse, etc?

Maybe she was prodding him to serve on a Board or practice on his own or somehow bring in his own income?

 

[alsleuther]

Yes I remember that comment. Diane told him to put out his hand every Friday to get paid for his ranch duties. Seriously though how much money could he have saved by feeding the horses himself? And how about the $20k -$25k monthly budget. What did that entail? Utilities, housekeeping, landscaping and pool maintenance, and the horses. The largest expense would have probably been the live-in caretakers salary.

 

[TruthIsStranger]

it is difficult...if you listen to a jury selection process or from personal experience ....most try to get off on hardship...very few employers pay you even a % of your salary and then that is required only in some states...most cannot afford to be away for any length of time. Sometimes you get lucky with retired folks that have professional background and in the case of this jury there were definitely some professional people and honestly I don't know what went wrong here.

Why do you say something went wrong? They convincted a murderer of murder.

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[TruthIsStranger]

and in addition, somewhere i read, she told tex to memorize their ranch hands duties, basically, he could do that now and save a chunk every month, she was cutting him off, he did NOT LIKE THAT so he killed her

And he joked he would become a gigolo, instead. Obviously the idea that a woman should take care of him was in the back of his mind. He didn't want to work hard for it.

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[TruthIsStranger]

and in addition, somewhere i read, she told tex to memorize their ranch hands duties, basically, he could do that now and save a chunk every month, she was cutting him off, he did NOT LIKE THAT so he killed her

I AM still confused about how big expenses were dealt with and divided between them. She enjoyed the ranch, too, so how did they keep things "fair"? Did she pay for all of their condo expenses, for example? Did she own both condos that they combined into one, as well? The ranch seemed a lot pricier on a monthly basis, but maybe he used to make a lot more money than her when they met, so it seemed fair?

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[alsleuther]

Ahh yes the gigolo comment. Yuck, he’s 75 years old!

 

[turaj]

Why do you say something went wrong? They convincted a murderer of murder.

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I would like to think that if a man is convicted of a murder that the jurors understood the charges ...at least one of the jurors in this case did not and I therefore say something went wrong. I hope it is just that the one who has decided to do the interview circuit is not a good spokesperson for the group as a whole. But unless another speaks out 61 is really all we have. And of course they have no responsibility to tell us what they were thinking.

 

[Gardenista]

I don't have the link but check out the Law and Crime Aaron Keller interview with 61...it is beyond belief and it is clear something unusual was going on in the jury room I hope a more articulate juror can explain their thinking....last night with Vinnie she made a bit more sense ..in this interview she seemed incoherent and acted as if she knows more than Aaron Keller.https://www.facebook.com/lawandcrime/videos/619774801712998

it is towards the end of this utube.

IMO, Vinnie backed down when she wasn't making sense. The guy who did this interview didn't do that and was able to show the convoluted (at best) thinking.

And she (and another juror) keep saying guns don't go off accidentally. Really?????

I would laugh if it wasn't such an abomination.

 

[Hatfield]

This post lands at random. I have been reading and following this case closely, but not commenting, for several reasons, but appreciate the insight, dialogue and links shared here.

I just want to say something that is not often popular but... this case is yet another demonstration of why I am so staunchly for PROFESSIONAL JURIES in this country. This was a debacle IMO. We need professionally trained folks to decide jury trials. I'd never want a neighbor or random joe deciding my guilt or innocence, or handing down a sentence recommendation. Many countries have professional juries. I hope we can get there at some point.

Thanks for letting me share too.

JMO
I totally agree.

I havent followed this case too closely but did read about the verdict and saw some juror statements after the trial.

Regardless of the verdict the reasoning one of the jurors gave after the trial was scary to listen to.

I have a feeling they should have not said anything to media because I am sure the defense is looking at their statements and may have ammunition for an appeal based on their comments.

The things I saw that concerned me was something about how the judge instructed them not to use a possible money motive as their basis to decide if he was guilty of murder and then the juror admitted that it played a part. Or something like that. I may not have heard it quite right but it was something along those lines.

Right or wrong I think they should stay away from the media because it just gives ammunition for appeals IMO

And after hearing some of their reasoning I agree that professional jurors that are trained to be a juror would be better than some of the random public that may not make good decisions. Even a professional jury may make mistakes but I think I would trust them more than the general public where you are bound to get some that are not equipped to be making important decisions.

 

[steve temple]

I have watched the whole of this trial from start to finish and I think he is guilty. I thought there was enough evidence to find him guilty of malice murder but I am pleased that he has been found guilty of felony murder. There is no right or wrong way to come to conclusions. There was a whole prosecution team-full of very bright ,intelligent lawyers who believed there was enough evidence to find him guilty so I do not understand this idea that the jury was wrong and unprofessional because they came to a conclusion that some people do not agree with.

 

[turaj]

JMO
I totally agree.

I havent followed this case too closely but did read about the verdict and saw some juror statements after the trial.

Regardless of the verdict the reasoning one of the jurors gave after the trial was scary to listen to.

I have a feeling they should have not said anything to media because I am sure the defense is looking at their statements and may have ammunition for an appeal based on their comments.

The things I saw that concerned me was something about how the judge instructed them not to use a possible money motive as their basis to decide if he was guilty of murder and then the juror admitted that it played a part. Or something like that. I may not have heard it quite right but it was something along those lines.

Right or wrong I think they should stay away from the media because it just gives ammunition for appeals IMO

And after hearing some of their reasoning I agree that professional jurors that are trained to be a juror would be better than some of the random public that may not make good decisions. Even a professional jury may make mistakes but I think I would trust them more than the general public where you are bound to get some that are not equipped to be making important decisions.

could be ironic if juror 61 played a role in defense getting an appeal!! All my concerns about her have been proved out and more.

 

[YESorNO]

Torpy at Large: There was just no way to bulletproof contemptible Tex(with clip)

"...The Tex McIver panel eventually compromised on the charge of felony murder. Originally, five jurors wanted a malice murder conviction and seven argued for involuntary manslaughter, said juror Aubrey Gray, who wanted murder.

The compromise verdict, however, seemed to come from jurors underestimating the severity of a felony murder charge. That charge means a death occurred as the result of a felony, which prosecutors said was an aggravated assault: Shooting at her.

But there’s a breakdown: Here you had more than half the jurors thinking his recklessness caused her death (a charge with a 10-year sentence), but they drifted over to the felony murder charge, which carries the same sentence as malice murder — life. A bad compromise on the first group’s part.

“No one thought it was an accident,” Gray said. And no one thought much of Tex, either. “A lot of us thought he was not a good person, not a good guy. He was not someone you’d invite over for dinner.”

Gray was one of the three black jurors but said the Black Lives Matter excuse didn’t turn him against Tex.

But, Gray added, the inconsistencies did. “We perceived his stories as flat-out lies. The actions afterward, that stuff mattered and added up.”

The gun went off after a bump in the street. Or he dozed off after feeling afraid. Or he was sleep-shooting.

“The gun just did not go off,” Gray said. “Who falls asleep with his finger on the trigger? Especially being gun conscious like he was.”

“I don’t think the plan was to kill her at that moment. I think he meant to do it in Putnam County (where their ranch is). He had good relations with the sheriff. It’d be easier to do it there. But at some point during the ride, he saw the opportunity to do it.”

Motive?

“Money had a lot to do with it,” Gray said, adding, “But we’ll probably never know.”..."

https://www.myajc.com/news/local/to...roof-contemptible-tex/Ym9jp8cVgWFqySRuQq7YuL/
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