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

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  • #481
I think that fear on her part and Tex’s calls to her husband after Diane’s death may factor into the witness tampering charge. Yes, I know everyone is now saying “Thank you, Captain Obvious!”
 
  • #482
Hmm, I would like to think the first thing I would do would be to call 9-1-1 in any emergency that I was not equipped to handle, certainly one involving a gunshot wound. I used to be a lifeguard when I was a teenager and it's ingrained in my mind how to pull a person out of the water and get them on that spinal board with as little jarring or movement to the torso as possible. Strap them on and call 9-1-1. If you handle a spinal injury wrong the effects can be very detrimental. You always want to leave the handling of an injured person up to the paramedics. I think if someone sitting next to me was shot in the back my first thought would be of a potential spinal injury.
 
  • #483
I think Tex not calling 911 is very telling. The fact that Dani Jo never suggested calling 911 or insisted on doing so is very strange to me also. I wonder if she had been drinking that night before getting behind the wheel and was scared of any consequences? She said on the stand that she had previous issues with alcohol that led to her 9 year estrangement with Diane, but then she got sober and they fell back into the fast friendship they had.

Usually when you are a recovering alcoholic you leave behind your old drinking buddies and try not to immerse yourself in alcohol fueled social activities. Seems to me the Ranch fun revolved around lots of alcohol, walls of wine in the cellar and an entire SALOON built on the property.

Tex and Diane were supposedly passing a cup of wine back and forth in the car, Diane and possibly Tex had wine at Longhorn at dinner, but yet Tex told the Police that he only had a sip of wine at Longhorn.

I just cannot understand why Dani Jo would not have insisted on calling 9-1-1?
What's the penalty in Georgia for driving with an open container?

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  • #484
I don't think the penalties in GA for open container are that harsh, citation and a fine in the city of ATL. Perhaps there were pills involved also? I know it's very common in my area, especially with the calorie conscious suburban housewives to get prescribed either pain pills or anti anxiety and then mix with a drink or two to get a buzz but not consume all the calories.
 
  • #485
Of course I understand calling 911 in an emergency, but if you are already in a car in downtown Atlanta, they would tell you to go to an emergency room which is what they were already doing. What could 911 tell you that would be more useful than that? It seems like a waste of valuable time in this instance. I think he's guilty of murder, but I don't think this helps prove it. Yes, they would have told him to go to Grady, but in general, I don't think not calling 911 in order to warn a hospital that you're coming should be evidence of deliberate stalling.

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  • #486
When you call 911, and let’s assume for the sake of this discussion you have a gunshot victim in your car, it’s to summon an ambulance and paramedics, who can immediately render potentially life-saving aid and safely put that person in an ambulance. While the ambulance is being driven at top speed, the gunshot victim is being cared for en route to the nearest level 1 trauma center. I can assure you no 911 operator will ever tell anyone to drive to Grady. They will send an ambulance which will be headed to the location ASAP.
 
  • #487
When you call 911, and let’s assume for the sake of this discussion you have a gunshot victim in your car, it’s to summon an ambulance and paramedics, who can immediately render potentially life-saving aid and safely put that person in an ambulance. While the ambulance is being driven at top speed, the gunshot victim is being cared for en route to the nearest level 1 trauma center. I can assure you no 911 operator will ever tell anyone to drive to Grady. They will send an ambulance which will be headed to the location ASAP.
My doctor tells all his patients, if something is serious enough to go to ER, call 911 and have the paramedics take you. You should never drive yourself.

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  • #488
Also a 911 Operator would have attempted to help them assess the situation and possibly assist the victim until help arrived. Depending on where the gunshot wound was, a 911 Operator could have suggested different actions to elevate extremities, or apply pressure to s wound or attempt a tourniquet, etc.
 
  • #489
And a public service announcement: the low cal way to get your buzz on is to use diet soda as your mixer. Narcotics and alcohol in the wrong proportion/quantities can kill you.
 
  • #490
Of course I understand calling 911 in an emergency, but if you are already in a car in downtown Atlanta, they would tell you to go to an emergency room which is what they were already doing. What could 911 tell you that would be more useful than that? It seems like a waste of valuable time in this instance. I think he's guilty of murder, but I don't think this helps prove it. Yes, they would have told him to go to Grady, but in general, I don't think not calling 911 in order to warn a hospital that you're coming should be evidence of deliberate stalling.

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if you want that arrival at Emory there was so much time lost just getting her in and no medical professional there at first....911 would have told them to go to Grady...that could have made a big difference....I think the point above that maybe some pills were involved because this Tex guy was not thinking clearly no matter how you look at it.
 
  • #491
My doctor tells all his patients, if something is serious enough to go to ER, call 911 and have the paramedics take you. You should never drive yourself.

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the east of coming in by ambulance vs a car is reason enough to call 911...they sure would not have been messing around with a wheelchair with her feel dragging.
 
  • #492
TM was handling the gun and it “just went off”. Pointed directly at DM’s back. Decision to drive to Emory - 15 minute drive - instead of Grady (Trauma Center). Asked DHC to slow down because there might be parents with baby buggies out at 10 pm. Witness tampering. More than 30 day delay in picking up DM’s cremains. A week before the DM memorial - TM wonders if he can “get her back” - his neighbor Janie Calhoun.

Pieces of this puzzle fitting together. Motive - money. IMO TM guilty of more than negligence.
 
  • #493
It's interesting to learn all of this info. No one in my family or my husband's family has ever needed to be rushed to a hospital or had a gunshot wound. It's true that if he was purposely trying to delay care, he wouldn't have wanted to call 911 since he would have been sent to Grady which was just a few minutes away. My only point is that people have different life experiences and what seems obvious to some isn't obvious to others. I also assumed that an ambulance might take 5 or 10 minutes to arrive by which time one could have arrived at a hospital. I don't live in a big city like Atlanta where there are so many options close by.

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  • #494
listening to jury selection and I think they may have had to make some serious compromises on these jurors to get a jury seated...so many think he is guilty.
AJC's Breakdown podcast season 5 episode 5 discusses the pre-decided? jury pool (i just listened last night) and likens it to the Ross Harris case. The judge made one guy wait extra long to be dismissed after he threw shade on the jury system and said he didn't have time for it. Ha. The episode with overview of the attorneys' background is very interesting also (Muddy Waters).

https://www.ajc.com/news/local/listen-season-the-ajc-breakdown-podcast/NHBvgjKLXvGXRmSo945PmK/

Still playing catch up and have been too busy to comment but love the discussion. Next on my list is his police interview... I've only watched opening statements so far. Need to go catch upon Rebecca Zahau first.

Thanks YESorNo!! Appreciate your dedication, hard work, and your excellent formatting. I could not follow this case without you! I know its tricky to follow a case when you are busy posting everything. [emoji146][emoji176]☺
 
  • #495
It's interesting to learn all of this info. No one in my family or my husband's family has ever needed to be rushed to a hospital or had a gunshot wound. It's true that if he was purposely trying to delay care, he wouldn't have wanted to call 911 since he would have been sent to Grady which was just a few minutes away. My only point is that people have different life experiences and what seems obvious to some isn't obvious to others. I also assumed that an ambulance might take 5 or 10 minutes to arrive by which time one could have arrived at a hospital. I don't live in a big city like Atlanta where there are so many options close by.

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I've had quite a few true emergencies that required the ER and we never did call 911. We drove in. We live just a few minutes from the hospital (for most of these instances). But I still figured it would take twice as long to wait for the ambulance. However they weren't situations where we could bleed out in minutes. I would for sure call 911 over a gun shot wound. And I would absolutely call an ER I was taking a gunshot victim too.

An ER does not always have adequate staffing or specialists for emergencies. Calling them on the way means they call in needed staff and have equipment ready Even though we've driven to the ER in an emergency a good 8 or more times I would not have hesitated to call 911 over a gunshot wound and would have gone to the nearest hospital personally. There is a much more limiting time factor with a gunshot wound to the abdomen vs a finger tip cut off.
 
  • #496
Does everyone know that you are supposed to call 911 if you're on the way to an emergency room in order to let them know? I'm 47 and I've never heard this mentioned in real life or seen people do this on TV or in movies. Is this a common sense thing that everyone just knows? If so, how? If you're not in the medical field and don't have close family in the field, when would this ever come up? I always assumed that emergency rooms were ready for all kinds of injuries and took in patients based on priority. I know that I'm wrong based on this thread but was curious about this since it keeps coming up.

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I'm 40 and would call over a gunshot wound but not just anything. I've called in when I was going in. Well I called my doctor so my doctor called the hospital and told them what to do. But I do know from experience that the ER's in my upscale area often have ONE ER doctor on hand and then a PA supporting them. I think it's pretty shocking. And it does seem to be getting worse. If an ambulance were to be transporting you to the hospital for anything they would definitely be calling and letting them know what's going on so they are prepared.
 
  • #497
I just read that indeed Tex is still in jail despite second bond...not sure what it is all about.

Saw this from AJC "The defense team for Claud “Tex” McIver is falling apart, as two of his lawyers announced that they are no longer representing the prominent Atlanta attorney accused of murdering his wife.
The shake-up leaves McIver with one lawyer, Bruce Harvey, who joined the case a few months ago. This development may raise the prospect of another delay in the trial set for March 5, should Harvey need more time to prepare.

On Monday, William Hill, who has served as lead defense attorney, filed a court notice that he is withdrawing as counsel.

Attorney Stephen Maples also told The Atlanta Journal-Constitution that he is leaving the case.

Neither attorney elaborated as to the reason for their departure."

Being relatively new to following this case and not an ATL local anyone know what happened?
 
  • #498
I've had quite a few true emergencies that required the ER and we never did call 911. We drove in. We live just a few minutes from the hospital (for most of these instances). But I still figured it would take twice as long to wait for the ambulance. However they weren't situations where we could bleed out in minutes. I would for sure call 911 over a gun shot wound. And I would absolutely call an ER I was taking a gunshot victim too.

An ER does not always have adequate staffing or specialists for emergencies. Calling them on the way means they call in needed staff and have equipment ready Even though we've driven to the ER in an emergency a good 8 or more times I would not have hesitated to call 911 over a gunshot wound and would have gone to the nearest hospital personally. There is a much more limiting time factor with a gunshot wound to the abdomen vs a finger tip cut off.

NO question Tex did not want 911 called...he was hoping to slide into the non trauma center and have some time to work up his story ...tell them about some accident at home and guess he just did not factor Dani Jo into the equation...it gives support to my thinking he had some altered state at the time.
 
  • #499
in watching attorney Hill in hearings pre trial and he is good...wonder what happened...probably knows what more than we do and not convinced of the case anymore or problems with defendant.
 
  • #500
Okay may have the reason Hlll got out...the hearing mid Oct. the judge asked for final option for plea...state was not ready...Hill wanted to wait to see the offer and then advise his client....I wonder if it was an okay offer and Hill wanted him to take it ...maybe Maples too and McIver thought they should consider the offer .??? Because shortly after this both those attorneys were GONE>
 
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