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

[dancinunderthemoon]

On the gun "just going off"...to believe that , you also have to believe that it was already cocked and his finger on the trigger while in that plastic bag...who does that? plastic bag thing...did he hope to not have GSR on him? wiped away the gunsmoke when Dani jo was still trying to figure out what happened when she turned to the backseat and witnessed that....TOOOO calm, he should have already been reacting and making sure eveyrone was ok, he never announced it right away either or at the hosptial to the nurses who were retrieving her from the car, they didnt even know she'd been shot OR en that he was with her .....much less h er husband

 

[turaj]

I wasn’t familiar with this case at all and just started watching with opening statements. As of right now, I believe good ole “Darlin” talking Tex was strapped for cash and ready to capitalize on Diane’s death, whatever the consequences were. He thought he had planned the perfect murder ... imo ... and it would have been if he had just acted right. But IMO, he screwed up with his actions both before and afterwards. It’s all coming out now and I think he’s guilty. I want to hear from the masousse. And Janie. I hope the state brings them both to testify. Thanks YesOrNo for the updates. I couldn’t watch today so you are a life saver. As of right now ... if I’m on the jury ... guilty. Perhaps the defense will change my mind. I doubt it but we’ll see.:thinking:

Janie has been on the stand early on...in fact I believe she was the first witness. She is protecting Tex for whatever reason I don't know but right at one the evenings after Diane was killed Tex told someone that Janie's marriage was not good and he hoped they could get back together again. He had dated her prior to Diane.

 

[Niner]

Thanks again YESorNO for posting on what's going on in this trial! I catch up every morning!

44 guns??!!!??!! Why would you NEED 44 guns???!!!! I don't even own one...

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Judge McBurney says it's more likely he'll allow jurors to hold the gun in the jury box, but not to pull the trigger. #TexMcIver.

Yea, don't want them pulling the trigger, they might shoot another juror....
Personally, I have never seen a Judge let the jurors "touch" a weapon in a murder case... At least not that I can think of right now! :thinking:

 

[YESorNO]

Wild About Trial Live Feed (WAT)

https://wildabouttrial.com/live/tex-...l-live-stream/
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Law & Crime Network Live Feed:

https://lawandcrime.com/
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CBS46 Live Feed

http://www.cbs46.com/category/213030...ws-live-stream
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11Alive

http://www.11alive.com/article/news...l-live-feed-and-ongoing-coverage/85-528076775
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[YESorNO]

"spatial constraints" again- Harvey is like a broken record..:gaah:

 

[YESorNO]

Wild About Trial@WildAboutTrial
15m15 minutes ago
Ready for day 14 in the #TexMcIver trial?


Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Prosecutors have asked the defense for their witness list. Defense indicates they'll give that list over to the state in the #TexMcIver trial.


Mike Petchenik@MPetchenikWSB
3m3 minutes ago
State likely won't rest its case today. More likely the Monday after Spring break, lawyers say in the #TexMcIver trial.


Bill Rankin@ajccourts
5m5 minutes ago
Defense attorney Don Samuel just said prosecutors informed him they plan to rest April 9th in the #TexMcIver trial -- though I'll believe that when I see it. The trial goes on hiatus next week for spring break so that means the state will rest shortly after it reconvenes.

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[YESorNO]

Aungelique Proctor@aungeliquefox5
11m11 minutes ago
First witness is APD homicide detective Darrin Smith. #TexMcIver @FOX5Atlanta – at Fulton County Courthouse

Mike Petchenik@MPetchenikWSB
38s39 seconds ago
Smith says Dani Jo told him Diane McIver was "fussing" at #TexMcIver about falling asleep in the SUV.


Mike Petchenik@MPetchenikWSB
40s40 seconds ago
Smith says Dani Jo Carter didn't tell him about #TexMcIver alleged comment to lie about her involvement that night.


Mike Petchenik@MPetchenikWSB
2h2 hours ago
Smith testifies he never asked #TexMcIver attorney to obtain his clothes for Gunshot residue testing or to test his hands for residue.


Mike Petchenik@MPetchenikWSB
2h2 hours ago
Smith says in initial call with #TexMcIver, Tex told him he "felt horrible."
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[YESorNO]

Law & Crime Network@LawCrimeNetwork
2h2 hours ago
#TexMcIver - Detective shows the jury the leather gun holster found in the McIver vehicle.

Veronica Waters@MissVWaters
2h2 hours ago
Atlanta Police Detective Darrin Smith, lead on #TexMcIver case, testifies McIver said he felt “horrible” after shooting his wife. Dani Jo Carter said Diane was “fussing” about him sleeping; she did not reveal that he’d asked her to lie about being in the SUV that night @wsbradio


Veronica Waters@MissVWaters
41m41 minutes ago
This was in a phone call in which #TexMcIver agreed he would speak with Det. Smith "soon." McIver came in to talk to police a few days later.


Mike Petchenik@MPetchenikWSB
1h1 hour ago
Smith says #TexMcIver showed up to #APD for interview with attorneys and his masseuse, Annie Anderson.....


Veronica Waters@MissVWaters
51m51 minutes ago
Det. Darrin Smith says he didn't think it was necessary to do gunshot residue or muzzle/target distance tests in the SUV where #TexMcIver shot his wife, Diane. Police "finally got an appointment" to speak to McIver on Sept. 28. He came with 2 attorneys & masseuse Annie @wsbradio
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[YESorNO]

Veronica Waters@MissVWaters
46m46 minutes ago
Atlanta PD Det. Darrin Smith says he talked w/ #TexMcIver lawyer Steve Maples ~10 minutes, in which Maples sat and demonstrated how McIver was handling the gun. Then Maples brought in McIver; Smith says he asked open-ended "Whatever you can remember"-type questions @wsbradio


Veronica Waters@MissVWaters
36m36 minutes ago
Atlanta Police Det. Darrin Smith says #TexMcIver he had had "a couple of sips" of red wine that day & that it gives him a headache. Smith says no, he did not follow up by asking McIver whether he'd had alcohol in the vehicle at any time. @wsbradio


Mike Petchenik@MPetchenikWSB
34m34 minutes ago
Smith testifies he never asked #TexMcIver about how he was handling the gun, and never asked him to recreate the route they were driving.


Veronica Waters@MissVWaters
32m32 minutes ago
Det. Darrin Smith did not ask #TexMcIver why he was in the back seat; Smith says he "assumed that if someone was going to drink they weren't going to drive." Smith did not ask him how he was holding the gun when it fired; did not ask if the gun was in or out of the bag @wsbradio


Mike Petchenik@MPetchenikWSB
30m30 minutes ago
Det. Smith says #TexMcIver never mentioned anything about being afraid of #BlackLivesMatter protestors.


Mike Petchenik@MPetchenikWSB
26m26 minutes ago
Det. Smith says he never asked #TexMcIver whether the gun was cocked. "The trigger was pulled. Whether it was single or double action didn't make any difference."
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[YESorNO]

Veronica Waters@MissVWaters
19m19 minutes ago
APD Det. Smith: #TexMcIver said he got his gun b/c he'd seen police in that area before. At some point he wasn't in fear any more, Tex told him. Smith didn't ask why he didn't put the gun away. Tex didn't say the large # of homeless reminded him of big Black Lives Matter protests

Veronica Waters@MissVWaters
12m12 minutes ago
APD Det. Darrin Smith did not ask #TexMcIver whether his .38 was cocked when he shot his wife Diane. "The trigger was pulled. That I'm certain of. Whether it was in single or double-action to me it wouldn't make any difference," Smith testified. @wsbradio


Veronica Waters@MissVWaters
11m11 minutes ago
Atlanta Police Det. Darrin Smith did not ask #TexMcIver for his cell phone. He did not ask McIver why they didn't call 911 after Diane's shooting. @wsbradio


Mike Petchenik@MPetchenikWSB
10m10 minutes ago
Det. Smith testifies he received the promissory notes showing #TexMcIver owed his wife money.


Mike Petchenik@MPetchenikWSB
5m5 minutes ago
Det. Smith testifies he ultimately charged #TexMcIver with felony reckless conduct and involuntary manslaughter. Three months after the shooting.


Philip A. Holloway@PhilHollowayEsq
13m13 minutes ago
Atlanta Police Detective tells #TexMcIver jury he only charged him with Reckless Conduct and Involuntary manslaughter - expect this to be big aspect of cross examination - possibly fatal to prosecutors theory of malice murder


Bill Rankin@ajccourts
13m13 minutes ago
Prosecutor Clint Rucker has now said state will likely rest on April 10th or 11th. He's now examining lead Atlanta homicide detective Darrin Smith who recommended #TexMcIver be charged with involuntary manslaughter, not murder. @AJCBreakdown @ReporterJCB


Veronica Waters@MissVWaters
5m5 minutes ago
APD Det. Darrin Smith got financial records of Diane & #TexMcIver but he didn't really understand them. Saw will, notes, promissory notes of Tex owing Diane. Got firearms report. Dec. 20, he charged McIver with reckless conduct & felony involuntary manslaughter @wsbradio


No more tweets after this

Lunch break
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[YESorNO]

Who Am I (Annie)

[video=youtube;V25lrXx7fKY]https://www.youtube.com/watch?v=V25lrXx7fKY[/video]


:facepalm:

 

[YESorNO]

OH GAWD!!!!....:tantrum:... Harvey is still on, telling his long story monologues to that Det- who doesn't even know when he should say "correct" "right" 40 gazillion times...:gaah:

I'm so glad there will be a week break from this trial and Harvey....or I'll have to go down to Georgia and cut that braid off of Mr. Correct...kay:

Why can't the defense use those other lawyers who actually ask questions instead of tells stories?????.. Even the reporters don't tweet what Harvey is saying anymore :sheesh:
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[YESorNO]

Law & Crime Network@LawCrimeNetwork
2h2 hours ago
#TexMcIver - Scheduling: Court ends today around 4pm. Court is dark next week for spring break. The prosecution expects to rest either Monday or Tuesday when they return on April 9.
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[YESorNO]

Rahul Bali@rahulbali
20m20 minutes ago
Putnam County Sheriff Howard Sills and Chief Deputy Russell Blenk wait outside the Fulton County Courtroom, where the Tex McIver trial continues this afternoon. – at Fulton County Courthouse

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[YESorNO]

Mike Petchenik@MPetchenikWSB
10m10 minutes ago
Smith testifies again he never asked #TexMcIver how the gun went off or if he was the person who pulled the trigger.


Mike Petchenik@MPetchenikWSB
9m9 minutes ago
Smith says it's his fault he never got the security footage from #Emory showing #TexMcIver and his wife getting out of the SUV at the ER.


Mike Petchenik@MPetchenikWSB
7m7 minutes ago
Have you ever seen the state impeach a cop the way they are in the #TexMcIver case while the defense lauds the work the cop did?


Christian Boone@ReporterJCB
3m3 minutes ago
Judge, after a loud sneeze from defense co-counsel Bruce Harvey: "Did your teeth come out?" #TexMcIver

(video clip https://twitter.com/twitter/statuses/979785685904236545...)


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Smith admits he never went into the ER to see if #TexMcIver was there. "I was under the impression they'd left already." Didn't interview Tex for two more days.

break
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[YESorNO]

Veronica Waters@MissVWaters
2m2 minutes ago
After an intense day of testimony for Atlanta Police Det. Darrin Smith, lead on the #TexMcIver case, the jury is released for spring break. Smith spent hours on the stand, as State pointed out shortcomings in the investigation while the defense applauded his work @wsbradio


Veronica Waters@MissVWaters
42s43 seconds ago
Judge Robert McBurney told #TexMcIver jurors some may be "too young" to remember, but now'd be the time he pulls off the blue sneakers & sweater & puts on the fancy shoes & jacket & thanks them for coming to his neighborhood like Mr. Rogers. Home they go, 'til April 9! @wsbradio

Law & Crime Network@LawCrimeNetwork
1m1 minute ago
#TexMcIver - Jury has gone home until April 9. Judge and attorneys are still in court going over motions. Watch live: https://lawandcrime.com/live-trials/live-trials-current/tex-mciver/watch-live-tex-mciver-trial/ …
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Trial Resumes on 4/9/18

 

[YESorNO]

Detective: Masseuse Accompanied Tex McIver to Police Interview
Annie Anderson, a massage therapist and friend of Tex and Diane McIver, has surfaced in testimony by four witnesses as being in Tex McIver's company in the immediate aftermath of his wife's fatal shooting.

"When Atlanta attorney Claud “Tex” McIver appeared at the Atlanta Police Department to talk about how he had fatally shot his wife, he brought two attorneys and his massage therapist with him, a homicide detective testified Friday.

Darrin Smith, the lead homicide detective who investigated Diane McIver’s shooting death, said he began trying to interview McIver early on Sept. 26, 2016—just hours after Diane McIver died at Emory University Hospital.

When McIver arrived at the Atlanta Police Department shortly after 1:30 p.m. on Sept. 28, 2016, to talk for the first time, he brought along criminal defense attorneys Stephen Maples and Calvin Leipold, and masseuse Annie Anderson, Smith said...."

https://www.law.com/dailyreportonli...e-accompanied-tex-mciver-to-police-interview/
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[YESorNO]

Tex McIver Trial Day 14 Part 1

[video=youtube;zAm6EWy7lkQ]https://www.youtube.com/watch?v=zAm6EWy7lkQ[/video]
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[YESorNO]

Detective in Tex McIver murder trial — ‘Accidents happen'

"ATLANTA - Day 13 of testimony in the Tex McIver murder trial has wrapped up....

This is our live recounting of testimony occurring in the courtroom on Friday, March 30:..."

https://www.wsbtv.com/news/local/atlanta/tex-mciver-murder-trial-day-14/724196376
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[Wyle_E_Coyote]

I think Det. Smith needs to find a new line of work.

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