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

[turaj]

I agree with most everything you said! I'm just very torn as to guilt or innocence. I really don't see the need for him to kill her and the manner in which he did (if intentional) is rather bizarre to me. How could he have known they were going to turn off into the "bad area" that they did? Would he have shot her "accidentally" no matter which direction they had gone? And how could he have known that one shot would kill her? Seems if he wanted to be sure she was dead, he would need to make sure he had a good aim to a surely lethal part of her body.

I'm really torn here. I can totally see him being guilty but so far, I don't see evidence beyond a reasonable doubt.

And I really hope the defense calls Annie!! I want to know more about that!

On a side note, thanks to everyone for all of the updates. I watch at work but can't always catch everything so the updates are helpful.

another thing about that fateful day is his asking the kids Sam and was it Tanner" the hands at the ranch to take Dani Jo home...if he had a plan it was a very dfiferent plan and nothing has been proven.

 

[YESorNO]

Mike Petchenik@MPetchenikWSB
26m26 minutes ago
The defense plans to call a sleep expert next who will speak about #TexMcIver alleged sleep disorder.


Mike Petchenik@MPetchenikWSB
15m15 minutes ago
Another #Emory nurse is making a repeat visit to the stand, this time for #TexMcIver defense.

Mike Petchenik@MPetchenikWSB
10m10 minutes ago
Nurse Allison Neely also testified she never heard #TexMcIver say he shot Diane while cleaning a gun in the bathroom.


Bill Rankin@ajccourts
6m6 minutes ago
Two Emory nurses, Blair Brown (below) and Allison Neely, are called by defense in #TexMcIver trial to counter state witness who said she heard Tex say he shot Diane while he was cleaning his gun in the bathroom. Both said they did not hear him say that. @AJCBreakdown

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

Mike Petchenik@MPetchenikWSB
7m7 minutes ago
#Emory sleep expert now on the stand for the #TexMcIver defense. Dr. Dave Rye is a trained neurologist.


Law & Crime Network@LawCrimeNetwork
13m13 minutes ago
#TexMcIver - Defense calls sleep disorder expert to the stand.

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Dr. Rye discussing REM sleep behavior disorders, such as sleep-walking or acting out dreams. That's was defense claims afflicted #TexMcIver.


Mike Petchenik@MPetchenikWSB
11m11 minutes ago
Dr. Rye says he diagnosed #TexMcIver with REM Sleep Behavior Disorder.


Christian Boone@ReporterJCB
2m2 minutes ago
#TexMcIver suffered from REM sleeping disorder: Expert Dr. David Rye said those who suffer from it can fall out of bed, give bed partners black eyes, even suffer broken limbs.


Christian Boone@ReporterJCB
2m2 minutes ago
Dr. Rye diagnosed #TexMcIver w/ REM sleep behavior disorder, which causes the patient to "act out" his dreams


Veronica Waters@MissVWaters
2m2 minutes ago
Sleep expert Dr. David Rye testifies that when #TexMcIver had a sleep study this past January, he fell asleep in 2 minutes, which he calls unusual; unless someone has narcolepsy, says Rye, falling asleep that fast is a sign someone's very sleep-deprived @wsbradio


Mike Petchenik@MPetchenikWSB
31s31 seconds ago
Doctor says he thinks #TexMcIver had RBD sleep disorder since at least 2004, probably longer.


Mike Petchenik@MPetchenikWSB
3m3 minutes ago
ICYMI: Was #TexMcIver as financially bad off as prosecutors claim? A defense witness talked of a hefty payday.

(video clip https://twitter.com/twitter/statuses/984104897783173121...)


Veronica Waters@MissVWaters
18m18 minutes ago
Dr. David Rye testifies that the REM Sleep Behavioral Disorder #TexMcIver has can cause him to do things like fall out of bed or hit someone, & he's likely had it at least since 2004. It's "likely progressive" but not rapidly. Court breaks for lunch @wsbradio
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

...

 

[YESorNO]

Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Judge McBurney will announce at 1:10 whether he'll dismiss any of the charges relating to influencing witnesses in the #TexMcIver trial.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[Niner]

:laughing: love the kitty!!! :cat:

Dr. Rye diagnosed #TexMcIver w/ REM sleep behavior disorder, which causes the patient to "act out" his dream.

So, he only dreamed of shooting his wife.... and then acted it out?? :thinking:

Aaahhhh.... more kitties falling asleep! :loveyou:

 

[YESorNO]

Mike Petchenik@MPetchenikWSB
20m20 minutes ago
A look at the #TexMcIver charges on which the judge will rule shortly. Defense asked them to be tossed in motion for directed verdict.

-----------------------------------------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

Cathy Russon@cathyrusson
7m7 minutes ago
NOW: The judge in the #TexMcIver trial is ruling on the defense motion to dismiss the influencing witnesses charges. Watch: https://lawandcrime.com/live-trials/live-trials-current/tex-mciver/watch-live-tex-mciver-trial/ …


Mike Petchenik@MPetchenikWSB
8m8 minutes ago
BREAKING: Judge keeps count 5 of the indictment, agreeing that #TexMcIver tried to get Dani Jo Carter to lie.


Mike Petchenik@MPetchenikWSB
5m5 minutes ago
BREAKING: Judge tosses allegation that #TexMcIver tried to influence @wsbtv political analyst Bill Crane into retracting #BLM story from the papers.


Law & Crime Network@LawCrimeNetwork
5m5 minutes ago
#TexMcIver - Count 5 will not be dismissed. This count involved Tex asking Dani Jo to say she wasn't there.

Mike Petchenik@MPetchenikWSB
4m4 minutes ago
BREAKING: Judge tosses ct. 7 of indictment, that #TexMcIver voicemail to Dani Jo Carter's husband somehow tried to influence her to stop talking to law enforcement.


Veronica Waters@MissVWaters
3m3 minutes ago
BREAKING: Judge Robert McBurney is ruling on the #TexMcIver motions for direct acquittals on Counts 5, 6, & 7: Influencing Witnesses on Dani Jo Carter, Bill Crane, and Tom Carter. McBurney DENIES 5; GRANTS 6; GRANTS 7. @wsbradio

Cathy Russon@cathyrusson
2m2 minutes ago
BREAKING: Counts 6 & 7 in the #TexMcIver trial have been dismissed. Count 6: Influencing Witnesses: Bill Crane - by instructing him to retract a statement
Count 7: Dani Jo - voicemail left asking to stop talking to police.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

Cathy Russon@cathyrusson
7m7 minutes ago
#TexMcIver - These are the 5 counts McIver now faces.

Veronica Waters@MissVWaters
3m3 minutes ago
#BREAKING: To recap: Judge McBurney acquits #TexMcIver on 2 Influencing Witness counts--involving spokesman Bill Crane & the SUV driver's husband, Tom Carter. Judge says McIver's conduct was clearly meant to influence, but didn't meet the statute used for indictment @wsbradio...:sheesh:
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

Sanford Rubenstein Talks Tex McIver Trial on Law & Crime Network 04/11/18

[video=youtube;XmKwBZZy8qA]https://www.youtube.com/watch?v=XmKwBZZy8qA[/video]
-------------------------------------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

Tex McIver Trial Day 17 Part 1

[video=youtube;WgXbRmEsI80]https://www.youtube.com/watch?v=WgXbRmEsI80[/video]
------------------------------------------------------------------------------------------------------------------------------------------

 

[BUF]

I must admit, this has to be one of the most bizarre trials that I have followed. I get the feeling that there is a whole lot more there than what has been presented. The dynamics between some of these witnesses to the victim to the defendant are hard to decipher.

Some of these witnesses tell one story, then get totally turned around by the defense. Is it because the defense is so good, or is it that some of these witnesses seem to have their own agenda in a very highly publicized trial...or is it a combination of both? It seems to be their word with nothing backing it up.

I have found it disturbing how the prosecutors tried to illicit such harsh testimony about a victim. I can't even count how many times that we heard what a sharp tongue Diane had and how harsh she could be. Then there are all the close relationships she had that were cut off for 'years'. She 'loaned' her husband money and charged him interest, same with her friends.

Tex appeared to be arrogant, doing what he wanted, maybe something he has learned in his long time profession. He professed to love his wife, but seemed to move on pretty quickly discarding her possessions, etc. One thing that has changed is that he has kept his mouth shut during this trial...he should have done it prior. I would imagine that having to hold this all in is the reason for his red face.

I don't see the state's motive that he killed her because she was worth more dead than alive...I think it is actually the reverse, she was worth more alive than dead.

Given all that has been shown in this trial, I think there is a possibility that this could have been an accident that happened from two people who had drank a fair amount that made a horrible decision to ask for and hand a gun over (instead of just locking the car doors if there was concerned fear). Then Tex desperately tried to cover his tracks to suit his narrative after the realization that he shot and killed his wife (not agreeing with this).

In my opinion, I think the state over-charged and didn't vet some of these witnesses thoroughly enough. My guess is that the state will argue for lesser includeds. If I were on this jury, I would have to say the state did not prove their case beyond a reasonable doubt.

MOO

 

[BUF]

Parasomnia...sounds like something from. Sci-fi movie

 

[YESorNO]

Update on Parasomnias

"...Parasomnias can arise from any state of sleep (REM and NREM) as well as sleep-wake transitions and are classified into distinct syndromes on this basis. Disorders of arousal, for example, are the most prevalent of the NREM parasomnias. Typically, disorders of arousal occur during the first third of the night, during the time when deep sleep is most abundant. REM sleep parasomnias are more likely to emerge during the later portion of the sleep period, when REM sleep is most abundant. Upon awakening from a REM parasomnia, an individual is typically alert and has vivid recollection of dream content and mental activity. Individuals with NREM parasomnias who are awakened during the course of sleep are typically disoriented, confused, do not recall dreaming, and will have no recollection of behavior or mentation in the morning. They are regarded as being partially asleep and partially awake. In contrast, individuals with REM parasomnias are regarded as being asleep with liberated motor activity...."

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2958868/

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

NEXT witness pleaseeeee.....

 

[BUF]

Thanks for those gifs YESorNO...I'm still laughing as I listen to this testimony!!

 

[Niner]

:silly: :loveyou: the gifs!

 

[BUF]

LOTS of jury questions for this doc...

 

[turaj]

Cathy Russon@cathyrusson
7m7 minutes ago
#TexMcIver - These are the 5 counts McIver now faces.

Veronica Waters@MissVWaters
3m3 minutes ago
#BREAKING: To recap: Judge McBurney acquits #TexMcIver on 2 Influencing Witness counts--involving spokesman Bill Crane & the SUV driver's husband, Tom Carter. Judge says McIver's conduct was clearly meant to influence, but didn't meet the statute used for indictment @wsbradio...:sheesh:
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

can anyone explain above...court 4 is the only one that comes close as he did possess the guy but if it was shot accidentally is that a felony? I don't think so. Can any lesser unintentional manslaughter be included at this point because if not the only one that can even reasonably apply is count 5.

 

[YESorNO]

Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Doctor says stress and sleep deprivation are triggers to parasomnia, the disorder from which #TexMcIver suffers.


Mike Petchenik@MPetchenikWSB
15m15 minutes ago
Doctor says #TexMcIver fell asleep quickly several times during his clinical testing, "almost in narcolepsy range," he testified.


Mike Petchenik@MPetchenikWSB
13m13 minutes ago
#TexMcIver lawyer: "Is there anything with pulling a trigger on a gun that's inconsistent with a confusional arousal?"
Doctor: "I don't think so."


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Doctor testifies it took #TexMcIver 64 minutes during sleep study to fall into a deep, "Rapid Eye Movement" sleep. Confusional arousal can't happen without REM sleep, he says.


Mike Petchenik@MPetchenikWSB
1m1 minute ago
Prosecutor asks if it would be likely that #TexMcIver would become alert right away after the gun went off if he had confusional arousal. Doctor says at some point you do become aware. "10s of seconds."


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Doctor testifies alcohol would suppress the onset of REM sleep. #TexMcIver had been drinking wine prior to the shooting.


Mike Petchenik@MPetchenikWSB
48s48 seconds ago
Prosecutor: This is the first time #TexMcIver was diagnosed with confusional arousal?
Doctor: Yes
Prosecutor: This diagnosis happened after he shot his wife?
Doctor: Correct

Break
--------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

[YESorNO]

Veronica Waters@MissVWaters
2m2 minutes ago
More jury Q&A for Dr. David Rye: Would fatigue, like from a hot 18 holes of golf, affect one's ability to sleep or time to reach deep sleep? A: There's not enough scientific data to say. Rye says #TexMcIver had been prescribed melatonin to treat RBD but didn't take it @wsbradio

Veronica Waters@MissVWaters
4m4 minutes ago
#TexMcIver Jury Q&A for Dr. David Rye: Ever worked w/an RBD patient who acted so violently they killed someone else? "No." Can people talk during confusional arousal? Mumble, he says; some w/sleep drunkenness will converse w/bed partner & not remember it hours later @wsbradio


Veronica Waters@MissVWaters
8m8 minutes ago
Jury Q&A for Dr. David Rye: Does alcohol affect RBD or confusional arousals? He says it's an area of controversy; hasn't been studied formally & it's hard to diagnose. What about in sleep behavior? Makes sleep more fragmented, in his judgment; there's more movement @wsbradio

Break
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------