GUILTY GA - Diane McIver, 63, fatally shot, Atlanta, 25 Sept 2016

[turaj]

jury questions clearly indicate that they do not trust Tex in terms of immediate post death collection of her effects.

 

[alsleuther]

I tried to look up the Fulton County tax bills to see if Diane had a mortgage on that condo or owned it outright. I couldn't figure out if she did or not, but I bet she had a mortgage on it, or took one out to buy the second condo and remodel the two together. I think Tex was really in the dark about Diane's "wealth" and she like to keep it that way. When Tex was surprised at the money left in Diane's estate, I think he went into panic mode and realized quickly that he needed to liquidate ASAP. Hence the comments about selling the condo/condos and the immediate estate sale. While $1.1M is certainly a lot of money, it may not have been nearly enough to pay all her mortgages/debts and keep the ranch up and running for any extended period of time. One of her "assets" was a $350K note (to him), which he knew was worthless!

 

[turaj]

his sister is sitting in the courtroom and called out by judge (strange) and I have to think that she could be called for her part in removing all the things from the file cabinet??? Why is she in the courtroom

 

[turaj]

I tried to look up the Fulton County tax bills to see if Diane had a mortgage on that condo or owned it outright. I couldn't figure out if she did or not, but I bet she had a mortgage on it, or took one out to buy the second condo and remodel the two together. I think Tex was really in the dark about Diane's "wealth" and she like to keep it that way. When Tex was surprised at the money left in Diane's estate, I think he went into panic mode and realized quickly that he needed to liquidate ASAP. Hence the comments about selling the condo/condos and the immediate estate sale. While $1.1M is certainly a lot of money, it may not have been nearly enough to pay all her mortgages/debts and keep the ranch up and running for any extended period of time. One of her "assets" was a $350K note (to him), which he knew was worthless!

she had a debt to one business of $950,000.00 and that insurance money was used for that with not that much left. Yes he was very much in the dark...my concern is not that he became concerned about the debt but going into "panic mode" usually takes a bit longer and there is so much testimony about his "panic mode" starting minutes after the shooting. It may all be that he is just a strange guy and the more I hear I think the marriage was far from pleasant and having people around non stop helped to keep it going...they never did anything just the two of them.

 

[alsleuther]

The other thing I find strange is their good friendship with the Carters. It doesn't seem like they would have had anything in common with them. Diane was a successful executive and Dani Jo works in salons. They met b/c DJ was doing Diane's nails 30ish years ago, but Diane cut Dani Jo out of her life for 9 years. Then when they reunited Dani Jo is borrowing $15K from Diane.

And Tex was a successful attorney, while Tom sells motorcycles and plays in a rock band. He didn't even own a car to drive to the hospital that night, just a motorcycle.

I just would have expected the McIvers to be friends with people in the same socioeconomic level as themselves.

Just makes me wonder if there was more to their friendship with the Carters?

 

[turaj]

The other thing I find strange is their good friendship with the Carters. It doesn't seem like they would have had anything in common with them. Diane was a successful executive and Dani Jo works in salons. They met b/c DJ was doing Diane's nails 30ish years ago, but Diane cut Dani Jo out of her life for 9 years. Then when they reunited Dani Jo is borrowing $15K from Diane.

And Tex was a successful attorney, while Tom sells motorcycles and plays in a rock band. He didn't even own a car to drive to the hospital that night, just a motorcycle.

I just would have expected the McIvers to be friends with people in the same socioeconomic level as themselves.

Just makes me wonder if there was more to their friendship with the Carters?

you hit my thoughts exactly...i suspect we had some "swinging" going on and before anyone gets all offended it is not that uncommon in certain circles of affluent people...both Dani and her husband are attractive people...clearly it was a relationship with benefits for the Carters and you have to wonder about the McIvers. But Tex and Diane NEVER were alone...always with someone.

 

[alsleuther]

Yes! I didn't want to come right out and say it, but that's what I was thinking. Another odd thing from the condo listing photos is the 1/2 wall of mirrors next to the master bed. Just not what you typically see in an upscale Buckhead condo owned by people in their 60's and 70's.

 

[alsleuther]

I suspect that Tex thought Dani Jo would be the perfect "witness", because honestly she just doesn't seem that smart and maybe easy to manipulate, and their relationship over the years was probably one where Tex and Diane always had the upper hand and Dani Jo and Tom just went along with whatever they were told.

 

[turaj]

Yes! I didn't want to come right out and say it, but that's what I was thinking. Another odd thing from the condo listing photos is the 1/2 wall of mirrors next to the master bed. Just not what you typically see in an upscale Buckhead condo owned by people in their 60's and 70's.

and don't forget...he told someone after Diane's murder that Janie was not happy with her husband Les and he hoped they could get together again. Remember they had a relationship in past years before Tex got with Diane. Way too tight of a group. There has been what seems to be a gag order on any talk of this kind in the trial and I get that but we are free to speculate. And how convenient with her living on the same floor of the condo bldg.

 

[turaj]

I suspect that Tex thought Dani Jo would be the perfect "witness", because honestly she just doesn't seem that smart and maybe easy to manipulate, and their relationship over the years was probably one where Tex and Diane always had the upper hand and Dani Jo and Tom just went along with whatever they were told.

yes and I also think he felt that she would buy what ever he said and wanted to "get with her to talk" immediately...he did not realize she was going to start thinking something was off. Also as mentioned she is not good with details as evidenced on the stand.

 

[alsleuther]

Yes, Tex def. thought he could tell Dani Jo what to say, as evidenced in the waiting room at Emory. And then the phone calls to her later and extending an offer to forgive her $2K balance on the loan that Dani Jo had with Diane. But I also think Tex was drunk that night. I think shooting her accidentally was something he'd considered in the past and maybe just had enough liquid courage to do it that night. I don't think his first drink of the day was at night in the SUV. I wonder if he'd been steadily drinking all day long.

 

[turaj]

Yes, Tex def. thought he could tell Dani Jo what to say, as evidenced in the waiting room at Emory. And then the phone calls to her later and extending an offer to forgive her $2K balance on the loan that Dani Jo had with Diane. But I also think Tex was drunk that night. I think shooting her accidentally was something he'd considered in the past and maybe just had enough liquid courage to do it that night. I don't think his first drink of the day was at night in the SUV. I wonder if he'd been steadily drinking all day long.

there has been testimony of drinking during the day and at dinner and then continuing the party on the way home...it seems this was the norm for them...i have trouble with no law enforcement testing his blood levels and not taking a closer look at him that night..I think had they gone to a hospital that gets this stuff in all the time he would have had more scrutiny that a self requested (to protect himself) meeting with doc and 4 pills to take home. had he not been an affluent guy with an attorney sitting there he would never have not been consider a suspect in potential domestic dispute etc.

 

[YESorNO]

Wild About Trial@WildAboutTrial
2h2 hours ago
Camera on for day 8 in the #TexMcIver trial. Watch it live and chat with friends here: https://wildabouttrial.com/live/tex-mciver-trial-live-stream/


Law & Crime Network@LawCrimeNetwork
1h1 hour ago
#TexMcIver - The judge is on the bench. They are waiting for a late juror. https://lawandcrime.com/live-trials/live-trials-current/tex-mciver/watch-live-tex-mciver-trial/ …

Cathy Russon@cathyrusson
1h1 hour ago
#TexMcIver - Discussion about scheduling. They trial could go into the 2nd week of April.


Law & Crime Network@LawCrimeNetwork
1h1 hour ago
#TexMcIver - The defense plans to call Dani Jo Carter in their case-in-chief.


Veronica Waters@MissVWaters
1h1 hour ago
Judge McBurney says #TexMcIver trial Juror 61, who typically arrives ~8:59, expects to be here by 9:30. Her daughter’s not in labor, but her car’s been stolen. Lawyers are discussing scheduling of trial into April; State expects its case’ll take the bulk of next week @wsbradio


Mike Petchenik@MPetchenikWSB
1h1 hour ago
Prosecution says its case will take all of next week, then #TexMcIver trial will suspend for a week of Spring Break, resuming second week of April with defense.


Mike Petchenik@MPetchenikWSB
56m56 minutes ago
Judge says there's drama in the jury room. Other jurors have asked for jury 61 to be removed from the #TexMcIver trial.


Mike Petchenik@MPetchenikWSB
53m53 minutes ago
Prosecutor says personal dynamics in the jury room shouldn't play a role in removing a juror from the #TexMcIver trial.


Mike Petchenik@MPetchenikWSB
57m57 minutes ago
Juror 61 apparently hasn't be able to stay later and other jurors want to stay late to move the trial along. Jurors wanted to "vote" her off the panel a la "Survivor."


Veronica Waters@MissVWaters
51m51 minutes ago
The #TexMcIver jury asks the Court if they can vote out a member. They “want to work with the Court on scheduling,” says Deputy Murphy, and it seems they’re frustrated with J61 not being here on time. Judge McBurney notes this sounds like “Jury Survivor“ LOL @wsbradio


Veronica Waters@MissVWaters
47m47 minutes ago
...and when they have talked about wanting to work late (like this day was supposed to be), #TexMcIver J61 is the one who often says she can’t do it @wsbradio
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[YESorNO]

Law & Crime Network@LawCrimeNetwork
56m56 minutes ago
#TexMcIver - The jury is now in the courtroom


Mike Petchenik@MPetchenikWSB
54m54 minutes ago
#Emory officer Frank Stroup is back on the stand in the #TexMcIver trial.

Mike Petchenik@MPetchenikWSB
44m44 minutes ago
#Emory Officer says another gunshot wound victim was brought to Emory hospital about a month before the #TexMcIver shooting.


Mike Petchenik@MPetchenikWSB
31m31 minutes ago
#Emory officer says he didn't take notes when talking to Dani Jo Carter. He couldn't remember if she told him #TexMcIver shot his wife or "accidentally" shot his wife.


Mike Petchenik@MPetchenikWSB
22m22 minutes ago
Officer testifies he overheard #TexMcIver say to his attorney: "What do I say? What's the plan."



Veronica Waters@MissVWaters
20m20 minutes ago
Emory PD Ofcr Stroop didn't take notes talking to Dani Jo Carter; doesn't recall if she said #TexMcIver's shooting his wife was "accidental." Stroop acknowledges that when he heard Tex say "What do I say?" or "What's the plan?" he didn't hear what came before or after @wsbradio

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[YESorNO]

Mike Petchenik@MPetchenikWSB
19m19 minutes ago
Officer says #TexMcIver comments about what he should say and "what's the plan" stuck out to him, but defense says he didn't put that into his police report. Officer says it was only an "assist report," and that APD was lead.


Veronica Waters@MissVWaters
17m17 minutes ago
Defense atty Amanda Clark Palmer drills down into why Ofcr Frank Stroop didn't write down what he heard #TexMcIver say if it "stuck out in his mind" so much. He says would've been if Emory PD was primary on the case, but he wrote an "Assist Report" since APD was primary @wsbradio


Mike Petchenik@MPetchenikWSB
17m17 minutes ago
My view in the #TexMcIver media room. Testimony n’ Twitter.

Veronica Waters@MissVWaters
12m12 minutes ago
#TexMcIver gazes on as lawyers sidebar during cross of Emory PD officer.

Veronica Waters@MissVWaters
12m12 minutes ago
Jury Q&A for Ofcr Stroop: Did Steve Maples present his card to him or to #TexMcIver? To him, as kind of an intro seeking Tex. You told us Nurse Teri told you things. Did you tell APD? I wouldn't have said, "Nurse Teri says X...would've said 'You should talk to nurses'" @wsbradio

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[YESorNO]

Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver trial: State calls Atlanta Police Officer Brian Ricker. He responded to Emory Hospital after a call came in about a gunshot victim. He didn't know how to get there; Detective Robeson-El drove @wsbradio

Veronica Waters@MissVWaters
1m1 minute ago
Once at Emory, APD Officer Ricker says they decided to separate the gunshot victim's husband-#TexMcIver--and the witness. @wsbradio


Mike Petchenik@MPetchenikWSB
56s56 seconds ago
Ricker testifies he, a detective, and Dani Jo Carter drove the route she took to verify the shooting happened in #Atlanta. #TexMcIver.


Veronica Waters@MissVWaters
8m8 minutes ago
Ofcr Ricker says when they left Emory Hospital, they knew #TexMcIver's wife Diane was still alive; didn't know if she was "low"--meaning, potentially might not make it. If someone dies while they're investigating, case automatically switches to Homicide unit. @wsbradio


Christian Boone@ReporterJCB
3m3 minutes ago
Worth remembering that, following a 3 month investigation, APD charged #TexMcIver w/ inv. manslaughter & reckless conduct -- murder charge didn't come until April 2017

https://www.myajc.com/news/local/te...urrenders-fulton-jail/ygRL3FgrJftPc43lUWZItI/
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[YESorNO]

Law & Crime Network@LawCrimeNetwork
5m5 minutes ago
#TexMcIver - Court is back in session following the morning break. WATCH LIVE: https://lawandcrime.com/


Veronica Waters@MissVWaters
2m2 minutes ago
Atlanta Police Officer Brian Ricker tells #TexMcIver's lawyer that he had been in law enforcement 12 years in 2016. When they got the call, it was of the victim's location, not of where it happened. They pulled up in an unmarked Ford Taurus. @wsbradio


Veronica Waters@MissVWaters
14m14 minutes ago
#TexMcIver and lawyers look over the jury questions for APD’s Officer Ricker @wsbradio. They asked if he processed the SUV; he doesn’t recall @wsbradio

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[YESorNO]

Jen's Trial Diaries@TrialDiariesJ
1m1 minute ago
#TexMcIver Murder Trial | Day 7 https://youtu.be/-N3ARHjLW_s via @YouTube

Law & Crime Network@LawCrimeNetwork
9m9 minutes ago
#TexMcIver - Officer Elmalik Robinson-El now on the stand.

Veronica Waters@MissVWaters
6m6 minutes ago
#TexMcIver trial: State calls Atlanta Police's Elmalik Robeson-El. He's been with APD almost 11 years. Before that he worked with Baltimore City Police, for 5 years. Sept 25, 2016 he was with APD's Gun Unit and got the call of the gunshot victim at Emory Hospital. @wsbradio


Veronica Waters@MissVWaters
2m2 minutes ago
Once at Emory Hospital, Det. Robeson-El and Ofcr. Ricker separated #TexMcIver and Dani Jo Carter, as is routine to get people's versions of what happened. Leaving there, he was approached by a nurse; state elicits she was black, in her 30s, average build @wsbradio
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[YESorNO]

Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Defense attorney Bruce Harvey appears "hangry." He wanted to take lunch, but judge told him to continue with cross-examination of the officer. #TexMcIver.


Veronica Waters@MissVWaters
3m3 minutes ago
Somebody needs a Snickers? The judge tells #TexMcIver attorney Bruce Harvey to go ahead w/cross. Harvey mumbles, "I didn't know we were on a starvation diet." Judge says BH determines how quickly we eat; BH says, "That's pretty unfair. That's not true..." 1/2 @wsbradio

Veronica Waters@MissVWaters
2m2 minutes ago
#TexMcIver atty Harvey: "I'm hungry; we're in a natural breaking point & I don't need that 'You determine when we eat.' I do not determine when we eat. We get 1 6-min break in the morning; 45 mins lunch...6 mins in the afternoon. I don't think that's a fair comment" 2/2 @wsbradio


Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver trial: APD Det. Robeson-El did not hear Dani Jo Carter refer to "scary people'' as he and Ofcr. Ricker drove her to APD HQ. @wsbradio
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Lunch break

 

[alsleuther]

Can you tell me how to find the facebook page I am clearly not a very good sleuther. Thanks.

Go to Facebook and search for Dani Allen Carter. Then go to her friends and look for Tom. He looks like a total goofball. He’s always advertising his band that it looks like plays for free on open mic nights and selling motorcycles.