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

[Hopeful One]

Sounds like the defense will be calling Annie and they said her testimony may take awhile! :scared:

 

[YESorNO]

Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Next witness will be an estate lawyer, Stan Smith, who will testify about telling #TexMcIver to sell off Diane's items in the estate sale.


Veronica Waters@MissVWaters
1m1 minute ago
Defense's fifth witness is Stan Smith, an attorney who prepared the 2006 wills for Diane & #TexMcIver. Here is a piece of hers which shows that she was leaving her share of the ranch to her husband. @wsbradio

Court has ended for the day
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[BUF]

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.

Im sure the state will argue for lesser includeds. Don't know how this will affect this charge though, if they can change it at this point.

 

[YESorNO]

Vinnie Politan was in the McIver court today....:loveyou:

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[YESorNO]

Tex McIver Trial Day 17 Part 2

[video=youtube;7kV4-YQfKag]https://www.youtube.com/watch?v=7kV4-YQfKag[/video]
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[YESorNO]

Judge Dismisses 2 Influencing Witness Charges in McIver Murder Trial

"The presiding judge in the ongoing murder trial of Atlanta attorney Claud “Tex” McIver on Wednesday dismissed two of three felony charges for allegedly influencing witnesses after police opened an investigation into his wife’s shooting.

But Fulton County Superior Court Judge Robert McBurney did not dismiss a third charge that McIver allegedly tried to influence the testimony of family friend Dani Jo Carter, who was driving the McIvers’ SUV through the streets of downtown Atlanta when McIver fatally shot his wife.

On Tuesday, McBurney denied a defense motion to dismiss malice murder and felony murder charges..."

https://www.law.com/dailyreportonli...ncing-witness-charges-in-mciver-murder-trial/
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Judge drops two charges against Tex McIver in murder trial

"Chief Judge Robert McBurney said the state didn't prove McIver tampered with evidence...."

http://www.11alive.com/article/news...e705&utm_medium=trueAnthem&utm_source=twitter
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[YESorNO]

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.

He was previously charged with involuntary manslaughter:

Claud L. "Tex" McIver III

"...Manslaughter Charges

On December 21st, 2016, Atlanta Police charged Tex McIver with Involuntary manslaughter and reckless conduct in the shooting death of his wife. The charges suggest they believe Tex McIver’s claim that the shooting was an accident. [18] 


Tex was seeking a bond which was then revoked after a Glock was found inside of the sock drawer of his Buckhead condo. [9]  Prosecutors don't believe that the shooting was an accident after they served multiple subpoenas seeking the financial records of Tex. He is once again indicted on a charge of malice murder along with another 6 chargers, which includes the three counts of influencing a witness. [10] ..."

https://everipedia.org/wiki/claud-l-tex-mciver-iii/

I think Involuntary manslaughter and reckless conduct sounds correct to me and they should have kept it that way, IMO.

I don't know if they could charge him again with involuntary manslaughter instead of felony murder at this point in the trial????
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[BUF]

I agree that they should have left the initial charge of Involuntary manslaughter and reckless conduct...instead the state upped the charges and over-charged.

Although I have a feeling they will ague for lesser includeds, I don't know how they can revise the felony murder charge now. The defense should rest on Friday, so they will be discussing jury instructions in the next day or two...we'll find out then.

 

[arta]

LOL, how much time have you spent at the ranch? Sounds like ‘ol Tex has you roped in.

 

[beatrixpotter]

LOL, how much time have you spent at the ranch? Sounds like ‘ol Tex has you roped in.

Who is this supposed to be in response to?

 

[turaj]

I agree that they should have left the initial charge of Involuntary manslaughter and reckless conduct...instead the state upped the charges and over-charged.

Although I have a feeling they will ague for lesser includeds, I don't know how they can revise the felony murder charge now. The defense should rest on Friday, so they will be discussing jury instructions in the next day or two...we'll find out then.

no question that initial charge was correct and could have held...however it seems political influences and Corey seemed to have some influence and that want to prove that the rich cannot get away with stuff like this.

 

[arta]

Yeah, that’s why women are all the time getting shot in the back accidentally by their husbands who then have someone take the longest route to the furthrest hospital that does not actually have an ER nor is it a Level I trauma center nor do they call 911 for help. But as soon as the wife is dead, he’s all covered up with attorneys and PR consultants. All the while never shedding a tear and calling a doctor “boy”. Tex proved every charge by virtue of his actions. MOO as well.

 

[Niner]

Thursday, April 12th:
*Trial continues (Day 18) (@ 9am ET) - GA - Diane McIver (63) (Sept. 25, 2016) - Claud "Tex" Lee McIver III (74/now 76) arrested (12/14/16) charged (4/27/17) with malice murder, felony murder, aggravated assault with a deadly weapon, possession of a firearm in the commission of a felony, and 3 counts of influencing witnesses and bribery. Pled not guilty.
4/10/18: Pros rested their case. Before the Defense started Attorneys arguing about whether the judge should drop charges 5-7 of the #TexMcIver indictment. Those charges deal with influencing witnesses. The judge is taking the motion to dismiss the charges under advisement. If he doesn't have his decision by the morning, he advises he will by lunch.
4/11/18 update: Judge Robert McBurney is ruling on the McIver motions for direct acquittals on Counts 5, 6, & 7: Influencing Witnesses on Dani Jo Carter, Bill Crane, and Tom Carter. McBurney:
DENIES Count 5 of the indictment, agreeing that McIver tried to get Dani Jo Carter to lie and asked her to say she wasn't there.
GRANTS Dismissal of Count 6: Influencing Witnesses: Bill Crane - by instructing him to retract a statement.
GRANTS Dismissal of Count 7: Dani Jo's husband - voicemail left tried to influence her to stop talking to police.
On Tuesday (4/10), McBurney :denied: a defense motion to dismiss malice murder and felony murder charges.

 

[YESorNO]

Wild About Trial Live Feed (WAT)

https://wildabouttrial.com/live-streaming/tex-mciver-trial-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]

McIver Defense Introduces Sleep Disorder Evidence
Tex McIver's diagnoses came 16 months after he shot his wife, Diane.

"A neurologist and research director of Emory University’s sleep medicine program testified Wednesday that he diagnosed Atlanta attorney Claud “Tex” McIver with a sleep disorder that can cause people to act out their dreams.

Dr. David Rye said he diagnosed McIver as suffering from rapid eye movement (REM) sleep behavioral disorder after a January 2018 study—16 months after McIver fatally shot his wife. McIver and his lawyers have always claimed the Sept. 16, 2016, shooting was an accident.

But Rye also suggested that particular disorder is not a likely explanation for McIver shooting his wife, Diane.

Rye also described a second syndrome—confusional arousal, also known as sleep drunkenness—that he said was “one possible explanation.”..."

https://www.law.com/dailyreportonli...ncing-witness-charges-in-mciver-murder-trial/
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[YESorNO]

11Alive News@11AliveNews
10h10 hours ago
Did you miss #TheLateFeed's @VinniePolitan and his Legal Dream Team as they broke down the #TexMcIver Trial today?

You can watch it here: https://www.facebook.com/11Alive/videos/10155468255105496/ …

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[YESorNO]

Wild About Trial@WildAboutTrial
16m16 minutes ago
Day 18 begins in the #TexMcIver trial.


Mike Petchenik@MPetchenikWSB
15m15 minutes ago
Defense will resume its case shortly in the #TexMcIver trial.


Law & Crime Network@LawCrimeNetwork
14m14 minutes ago
The #TexMcIver defense team expects to rest their case by the end of the week.


Mike Petchenik@MPetchenikWSB
12m12 minutes ago
#TexMcIver attorney Stan Smith is back on the stand for cross-examination.

Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Rucker asks Smith how he reconciled working with #TexMcIver as lawyer for the Diane McIver Estate knowing that Tex had been charged. "I don't know how much impact it has," he said.


Law & Crime Network@LawCrimeNetwork
3m3 minutes ago
#TexMcIver - The defense expects to rest tomorrow. Closing arguments are tentatively set for Monday


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Smith says he called #TexMcIver after the shooting to offer his condolences and to suggest he probate Diane's will.


Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Smith reiterates it was his suggestion, as #TexMcIver lawyer, that he sell off Diane's belongings to make enough money to satisfy the bequests in her will.


Mike Petchenik@MPetchenikWSB
1m1 minute ago
Prosecutor asks Smith why #TexMcIver started to inventory his wife's jewelry on the Tuesday after he shot her when Smith didn't advise him to sell off items until October. "I'm not sure," he says.


Mike Petchenik@MPetchenikWSB
25s25 seconds ago
Smith qualifies his previous statement that he possibly told #TexMcIver to inventory items prior to engaging his services to help sell off the items.


Mike Petchenik@MPetchenikWSB
59s60 seconds ago
Prosecutor Rucker shows slide of #TexMcIver finances that claims he was $5k in the hole on the day his wife died, asks Smith about it. Defense objects.


Mike Petchenik@MPetchenikWSB
7m7 minutes ago
Prosecutor: It would be "insensitive" to ask #TexMcIver about his wife's money, right?
Smith: "I'd be very surprised if I asked him that question at that time."


Mike Petchenik@MPetchenikWSB
59s60 seconds ago
Prosecutor asks Smith if #TexMcIver seemed "obsessed with his wife's money?"
Defense objects and judge sustains it.

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Prosecutor: You know he sold the jewelry she was wearing on the night he shot her?
Smith: I didn't know that. #TexMcIver.


Mike Petchenik@MPetchenikWSB
7m7 minutes ago
Smith testifies it was ok for #TexMcIver to spend money out of the estate account for PR and crisis communication consulting.


Veronica Waters@MissVWaters
8m8 minutes ago
State cross-examination of #TexMcIver attorney Stan Smith, who says he suggested McIver probate Diane's will and to sell her things to pay the bequeaths. He suggested a sale in late fall; did not know McIver started cataloguing her things two days after shooting her. @wsbradio


Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Jurors see check to estate attorney for work on probating the will of Diane McIver, paid by #TexMcIver.

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[YESorNO]

Aungelique Proctor@aungeliquefox5
2m2 minutes ago
Atty. Smith says he was "unaware" that Diane had a second will. #TexMcIver – at Fulton County Courthouse


Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Jurors hear Stan Smith read this email Diane sent to #TexMcIver about their wills. “Stan Smith ripped your butt off last time,” it says.

Veronica Waters@MissVWaters
2m2 minutes ago
#TexMcIver attorney Stan Smith says it was okay for Tex to spend money from Diane’s estate for his public relations. Smith was paid the same way for probating. Here are some checks; Smith made upwards of $72,000 @wsbradio

Veronica Waters@MissVWaters
55s55 seconds ago
Jury hears #TexMcIver attorney Stan Smith was “unaware” Diane had a 2nd will. He reads this e-mail Diane wrote to Tex about their wills prep in 2011: “Stan Smith ripped your butt off last time, remember???” @wsbradio
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[YESorNO]

Aungelique Proctor@aungeliquefox5
4m4 minutes ago
Probate Atty. says Tex did not sell Diane's wedding rings, implying because of sentimental reasons. #TexMcIver @FOX5Atlanta


Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver lawyer Stan Smith says Tex never told him what papers he may have removed from Diane's safe. Smith was also aware that when Diane renewed her $350,000 loan to Tex, she included a clause that she could foreclose on Tex's half of the ranch for nonpayment @wsbradio

Veronica Waters@MissVWaters
8m8 minutes ago
#TexMcIver lawyer Stan Smith estimates Diane's estate was worth $3 to $3.2 million. State asks him, "What's 2.5 times $3.1 million?" State again showed today that McIver's bank accounts were in the red the night he shot Diane @wsbradio

Veronica Waters@MissVWaters
3m3 minutes ago
#TexMcIver defense objects when State asks attorney Stan Smith, "Would you agree that getting $3.2 million and getting your 86-acre ranch back would be a pretty good motive...?" Judge says that's more suited for closing argument @wsbradio



Mike Petchenik@MPetchenikWSB
12m12 minutes ago
Smith says he and #TexMcIver published an open letter in the #FultonDailyReport asking for any lawyer with Diane's second will to come forward. He says nobody came forward.


Veronica Waters@MissVWaters
1m1 minute ago
On re-direct, #TexMcIver defense asks McIver lawyer Stan Smith about the fact that Diane's Estate put out an ad in the legal newspaper seeking any attorney who wrote a second will for her. They found none @wsbradio

Break
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[YESorNO]

Veronica Waters@MissVWaters
43s43 seconds ago
#TexMcIver defense calls Ted Smith, owner of Arcilla Mining. They mine kaolin and fauxite @wsbradio


Law & Crime Network@LawCrimeNetwork
1m1 minute ago
#TexMcIver - The president of Arcilla Mining now on the stand. We heard testimony yesterday from the CFO. Tex had an interest in this mining company.

Veronica Waters@MissVWaters
7m7 minutes ago
Arcilla Mining owner Ted Smith says he wrote that letter of valuation of #TexMcIver’s company holdings, at McIver’s request. Though valued at $1.5-2.5M, McIver sold his share for ~$700K. McIver also owns 100% of one unmined tract and 60% of another. @wsbradio


Veronica Waters@MissVWaters
2m2 minutes ago
Arcilla Mining owner Ted Smith doesn’t recall when the 50/50 split he had with #TexMcIver changed. McIver owned 10% of Arcilla Mining and 10% of Arcilla Trucking. Says there’s not been any study yet to see what value those tracts McIver owns might have. @wsbradio


Veronica Waters@MissVWaters
7m7 minutes ago
Arcilla Mining owner Ted Smith says the valuation letter estimating #TexMcIver’s holdings included a tract of land in which McIver held no interest. Also the money paid would have been minus the $125K Smith had already loaned him against his company interest @wsbradio


Veronica Waters@MissVWaters
19m19 minutes ago
Jury Q&A for Arcilla Mining owner Ted Smith: He wrote the letter at #TexMcIver’s request “to help prove net worth.” His valuation of Tex’s 10% stake in the 2 companies was the same as the final buyout price of $700K. There is no active mining on the 2 tracts McIver owns @wsbradio


Veronica Waters@MissVWaters
13m13 minutes ago
Jury Q&A for Arcilla Mining’s Ted Smith: #TexMcIver’s tracts’ ownership stake is thru Arcilla Resources; he believes McIver owns it 100%. Tex didn’t tell him valuation letter would be used in court. Last 3 yrs, Arcilla Mining entity averages ~$45M; net profits $1.5-$2M @wsbradio

Lunch break
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