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

[YESorNO]

Tex McIver Trial Day 8 Part 1

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

Some today's Tweets about yesterday's testimony:

Veronica Waters@MissVWaters
31m31 minutes ago
During the #TexMcIver lunch break, I'll tweet (as promised) the essence of what the State wanted Dani Jo Carter's friend Dale Cardwell's testimony to be; the judge ruled much of it could not come in yesterday; DJC didn't refer to a chunk of it when SHE was on the stand @wsbradio

Veronica Waters@MissVWaters
27m27 minutes ago
Dale Cardwell said outside the jury's presence that Dani Jo Carter told him "#TexMcIver was acting strangely; didn't seem to be speaking or thinking things consistent w/ someone being in deep grief; Tex'd suggested that DJC leave, & indicated he'd called his attorney." @wsbradio


Veronica Waters@MissVWaters
24m24 minutes ago
Dale Cardwell said outside the jury's presence what Dani Jo Carter said about her time alone with #TexMcIver at the hospital after he shot his wife Diane: "He seemed to be in a strategy situation, rather than grief situation." Tex told DJC "Might be best if you leave" @wsbradio


Veronica Waters@MissVWaters
16m16 minutes ago
Outside jury's presence, Dani Jo Carter's friend Dale Cardwell told the Court that DJC said #TexMcIver told her at hospital she should "stay out of it." Their impression was that Tex wanted DJC to seem "as if she was never involved, never in vehicle, never at hospital" @wsbradio
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[mollynjack]

This is a very lenient judge at least for the prosecution. I don’t think he has sustained one objection by the defense and after watching many trials, I think some of the objections should have been upheld.

 

[YESorNO]

Mike Petchenik@MPetchenikWSB
7m7 minutes ago
Judge will allow Diane McIver former assistant to tell jury what Ms. McIver told her about her second will. #TexMcIver.

Law & Crime Network@LawCrimeNetwork
7m7 minutes ago
#TexMcIver - Court is back in session following the lunch break. Watch Live: https://lawandcrime.com/live-trials...ve-now-lawandcrime-network/law-crime-network/ …


Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#TexMcIver - The prosecution plans to play a recording of McIver's police interview.


Veronica Waters@MissVWaters
3m3 minutes ago
#TexMcIver trial: State calls Atlanta Police Detective Jamael Logan. He's a homicide detective; has been on about 11 years. He was questioned/advised on the Diane McIver case. Det. Ricker and Det. Robeson-El were assigned; they were on Gun/Assault/Tactical Unit @wsbradio

Veronica Waters@MissVWaters
28m28 minutes ago
APD Det. Logan says he had Dets. Ricker and Robeson-El drive witness Dani Jo Carter to around the area where she said #TexMcIver shot his wife to verify it was their jurisdiction. It was. Defense had no cross; shortest witness ever @wsbradio
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[YESorNO]

Veronica Waters@MissVWaters
24m24 minutes ago
State calls APD Senior Crime Scene Tech Nicole Bowers, who was called out 9/26/2016 to the Ford SUV in which #TexMcIver shot his wife. She took vehicle pics and pics of victim Diane McIver in the hospital @wsbradio

Mike Petchenik@MPetchenikWSB
20m20 minutes ago
Jurors see crime scene pic of where valet parked #TexMcIver SUV at #Emory.

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Mike Petchenik@MPetchenikWSB
18m18 minutes ago
Jurors see front seat where Diane McIver was sitting. #TexMcIver.

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Mike Petchenik@MPetchenikWSB
16m16 minutes ago
Plastic bag with gun inside in photo inside of #TexMcIver SUV.

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Law & Crime Network@LawCrimeNetwork
14m14 minutes ago
#TexMcIver - Showing photos of the seat where Diane McIver was sitting when she was shot and photo of backseat with gun in plastic bag.

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[YESorNO]

Cathy Russon@cathyrusson
11m11 minutes ago
#TexMcIver - McIver's reaction when photos of Diane's body were just shown.

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[YESorNO]

Veronica Waters@MissVWaters
1m1 minute ago
Some of APD CST Bowers' photos of the SUV in which #TexMcIver shot his wife: exterior; front passenger seat with bullet hole; seat behind with the wine bottle in pocket; bag in back with gun @wsbradio

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[YESorNO]

Law & Crime Network@LawCrimeNetwork
8m8 minutes ago
#TexMcIver - Next up is crime scene technician Christopher Traugott.

Law & Crime Network@LawCrimeNetwork
15m15 minutes ago
#TexMcIver - Photo of McIver's gun.

Cathy Russon@cathyrusson
14m14 minutes ago
#TexMcIver - Cylinder of the gun.

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[YESorNO]

Mike Petchenik@MPetchenikWSB
13m13 minutes ago
CSI tech circles pic of the round that fired from #TexMcIver’s handgun.

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[YESorNO]

Law & Crime Network@LawCrimeNetwork
11m11 minutes ago
#TexMcIver - Showing the trajectory of the bullet.

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[YESorNO]

Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#TexMcIver - New witness on the stand. Detective Brett Zimberick is an investigator for City of Atlanta PD

Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver trial witness #35: State calls Atlanta Police Det. Brett Zimbrick. He's in the Homicide unit. He was not the lead detective on the Diane McIver fatal shooting; Det. Smith was. 9/28/2016, three days after the killing, Smith had him sit in on an interview. @wsbradio


Veronica Waters@MissVWaters
2m2 minutes ago
Det. Zimbrick says when #TexMcIver came to be interviewed by Atlanta Police, he brought two attorneys with him: Steve Maples & Calvin Leipold. They flanked him when they sat. It was a non-custodial interview; McIver was free to leave at any time. @wsbradio


Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#TexMcIver - Zimbrick sat in on the police interview of McIver.


Mike Petchenik@MPetchenikWSB
1m1 minute ago
Jurors about to watch #TexMcIver interview with Atlanta Police.


Mike Petchenik@MPetchenikWSB
7m7 minutes ago
Detective says #TexMcIver didn't object to the police interview. It lasted about an hour, but small talk edited out so jury will see 40 minutes of it.


Veronica Waters@MissVWaters
3m3 minutes ago
APD Det. Zimbrick says #TexMcIver was cooperative & didn't walk out of interview. APD gave his counsel an audio copy before they left; video wouldn't be available for 24 hrs. Total video~40 mins. All five men will be heard & seen. Jurors will get transcripts during play @wsbradio


Law & Crime Network@LawCrimeNetwork
6m6 minutes ago
#TexMcIver - After all that talk about the interview, judge is taking 10 min break before playing it.
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[YESorNO]

Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#TexMcIver - Court is back in session. McIver's police interview will be played. It's 40 mins long. https://lawandcrime.com/live-trials...ve-now-lawandcrime-network/law-crime-network/ …


Mike Petchenik@MPetchenikWSB
1m1 minute ago
Judge McBurney about to tell jurors they will have to work into April. "Deputy, frisk the jurors before they come out please." Not going to be a pleasant convo. #TexMcIver.


Veronica Waters@MissVWaters
36s36 seconds ago
Prepping to hear #TexMcIver in his own words talking to Atlanta Police about shooting his wife Diane inside a Ford SUV. The interview was Sept. 28, 2016; Diane was shot the night of Sunday, Sept. 25. @wsbradio


Veronica Waters@MissVWaters
2m2 minutes ago
Judge McBurney talks to #TexMcIver jurors about scheduling. Case won't be ready for deliberation by end of next week. Options: Go through 1st week of April & take that following week off, or vice-versa. Confer with loved ones tonight. And now Juror 61 has a question @wsbradio

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[YESorNO]

Mike Petchenik@MPetchenikWSB
3m3 minutes ago
#TexMcIver in police interview.

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[YESorNO]

Law & Crime Network@LawCrimeNetwork
2m2 minutes ago
#TexMciver sits between his two attorneys. Detectives sit on the other side.

Veronica Waters@MissVWaters
51s52 seconds ago
As #TexMcIver talks to Atlanta Police, he talks about their weekend: riding, golfing. Dinner before home Sunday. McIver tells police, "Red wine gives me a headache" and says he just took a couple of sips of the wine that Diane poured for him @wsbradio


Veronica Waters@MissVWaters
2m2 minutes ago
#TexMcIver: "I don't sleep well in the car, so it was a kind of Twilight Zone for me." Talks about turn off I-20: "We were clearly off our path...it's a path I take from my office to her office...I've seen police vehicles with lights on there." @wsbradio


Christian Boone@ReporterJCB
2m2 minutes ago
#TexMcIver: "This is a big mistake. We're in a place we don't belong," recalling the fatal drive in which his wife was shot


Veronica Waters@MissVWaters
41s41 seconds ago
#TexMcIver: "We're in an area we don't belong." He asked Diane to get gun from console. Explains it was in the bag because of recent break-ins at his office. "I fell back asleep...Twilight Zone thing again...gun was in my lap" @wsbradio


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
#TexMcIver tells police the area where they were driving had a lot of homeless people in it. "It rose the hair on the back of your neck."

Christian Boone@ReporterJCB
2m2 minutes ago
#TexMcIver: "Seemed like every turn we made the street was darker and there were more people milling about"


Mike Petchenik@MPetchenikWSB
1m1 minute ago
#TexMcIver tells cops he made the judgement to drive to #Emory. "They're a client of our firm."
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[YESorNO]

Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver: Diane was telling Dani which way to go. Every turn we made the street was darker and there were more people milling about. Detective asks, near Peachtree/Pine shelter? Not sure where that is, Tex says; then, it "skirts around Grady and Edgewood" @wsbradio


Mike Petchenik@MPetchenikWSB
1m1 minute ago
#TexMcIver tells cops he hadn't shot that .38 in a couple of years.


Mike Petchenik@MPetchenikWSB
1m1 minute ago
#TexMcIver tells cops when they got to ER, he hopped out of the SUV and yelled "gunshot wound." That is corroborated by witnesses who've already testified.


Mike Petchenik@MPetchenikWSB
54s54 seconds ago
#TexMcIver had told police he was asleep, the gun was in his lap and it just went off.
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[YESorNO]

Scott Riddle, Esq.@ScottRiddleLaw
55s56 seconds ago
All of this fear between the off ramp and the “safety” of Piedmont Road, was maybe 150 yards. #texmciver

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[YESorNO]

Veronica Waters@MissVWaters
42s43 seconds ago
#TexMcIver said on the dark drive made the "hairs on the back of your neck" stand up. Tex said he hadn't fired that gun in a couple of years. He decided to go to Emory because it's a client of their law firm. @wsbradio


Mike Petchenik@MPetchenikWSB
1m1 minute ago
#TexMcIver got emotional telling cops about when he found out Diane was dead.


Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver's voice breaks when he talks about waiting in the hospital being the worst feeling in the world. "The love of my life," he says. @wsbradio


Veronica Waters@MissVWaters
34s34 seconds ago
State: When #TexMcIver said, "I think I'm gonna cry...was it well-lit in that room?" Det. Zimbrick: Yes. S: How's your vision? DZ: Good w/glasses I was wearing. State: Did you 👏ever👏see👏any👏tears👏come👏down👏Mr.👏McIver's👏face? DZ: "No...he touched his eye 1 time" @wsbradio


Aungelique Proctor@aungeliquefox5
50s50 seconds ago
Tex told police there were a large number of homeless people in the area where they got off the interstate. He said, It made the hair on his neck rise. Prosecutors point out He went to sleep next. #TexMcIver @FOX5Atlanta – at Fulton County Courthouse


Scott Riddle, Esq.@ScottRiddleLaw
2m2 minutes ago
According to Maples the gun was not “in full cocked position.” It is either cocked or not. No in between. That means it was fired in double action with 12 lb pull. One does not accidentally or while asleep this shrouded hammer. It takes effort. #TexMcIver

Veronica Waters@MissVWaters
6m6 minutes ago
#TexMcIver's lawyer Steve Maples said, "He didn't play with the hammer. He didn't pull it back at full-." Tex said he fell back asleep when he was in an area he felt safe. He said, "I was handling the gun and it went off." @wsbradio


No other Tweets- Court ends for the day
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