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

[turaj]

Administrator of the estate was back on the stand. After many questions, sounds like after all bequeaths are made, Tex may end up with $150K, but still owes $350K loan to the estate. He may have to sell the ranch to pay all his legal fees, or to satisfy loan if estate needs the cash?...plus doesn't it cost $20K/month to run?

On to the next witness, crime scene analysis...and this is starting off strange...

oh no where will they have the birthday parties?

 

[BUF]

Rucker getting upset with this defense witness...yep, the same witness that had such high accolades for as he got on the stand...

Witness seems to be holding his own.

 

[YESorNO]

Wild About Trial@WildAboutTrial
11m11 minutes ago
Happy Friday the 13th! Ready for day 19 of the #TexMcIver trial


Law & Crime Network@LawCrimeNetwork
56m56 minutes ago
Will #TexMcIver take the stand? The judge will ask him that question today.


Mike Petchenik@MPetchenikWSB
50m50 minutes ago
Testimony to resume shortly in the #TexMcIver trial. We expect to hear from the defense gun expert today and whether Tex will take the stand.


Aungelique Proctor@aungeliquefox5
41m41 minutes ago
We are back in court. Prosecution cross examines new will executor Mary Margaret Oliver. #TexMcIver @FOX5Atlanta – at Fulton County District Attorney's Office

Mike Petchenik@MPetchenikWSB
34m34 minutes ago
Prosecutor questions new executor about whether #TexMcIver paid his personal credit card bills with money out of Diane's estate.


Mike Petchenik@MPetchenikWSB
30m30 minutes ago
Executor Oliver says #TexMcIver spent a "substantial amount of money," but the question, she says, was whether it was appropriate. "Most of it was appropriate," she testifies.


Mike Petchenik@MPetchenikWSB
28m28 minutes ago
Oliver concedes it wouldn't be appropriate in most cases for someone to spend estate money on a public relations firm, as #TexMcIver did.


Mike Petchenik@MPetchenikWSB
23m23 minutes ago
Oliver testifies #TexMcIver spent $10k on a criminal defense attorney for Tammy Johnson, a friend who was also acting on behalf of the estate.


Mike Petchenik@MPetchenikWSB
15m15 minutes ago
Oliver says there's still $559k in Diane McIver's estate account. $350k still owed to bequests in Diane's Will.
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[YESorNO]

Veronica Waters@MissVWaters
3m3 minutes ago
Mary Margaret Oliver, the executor of Diane McIver's Estate after #TexMcIver's removal, testified about several pricey pieces of ruby jewelry that were held back from the estate sale, presumably to go to Angie Brooks, as per Diane's will--which didn't specify the pieces @wsbradio


Veronica Waters@MissVWaters
7m7 minutes ago
Today, executor Mary Margaret Oliver testified that while #TexMcIver spent a substantial amount of the Estate's money, "most" of it was appropriate, though not spending on a PR firm as McIver did. @wsbradio


Veronica Waters@MissVWaters
2m2 minutes ago
Diane McIver Estate executor Mary Margaret Oliver testifies that the Estate paid $10K for a criminal defense attorney for Tammy Johnson. She says "it depends" on whether that was appropriate. (Johnson is a #TexMcIver employee who "acted as an agent for the estate" @wsbradio


Veronica Waters@MissVWaters
38s38 seconds ago
Tammy Johnson, for whom Diane's Estate paid $10,000 for a criminal defense lawyer, testified in a pre-trial hearing that she removed the gun investigators found in #TexMcIver's sock drawer. That gun violated his bond conditions and got his bail revoked last year @wsbradio

Veronica Waters@MissVWaters
6m6 minutes ago
#TexMcIver Mary Margaret Oliver says Diane's Estate has approximately $559,000 total cash. Jury asked why it's sitting there and not paying the bequeaths. She said she didn't have that much until she closed on 3 properties; before, there was only ~$200K in the account @wsbradio
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[YESorNO]

Law & Crime Network@LawCrimeNetwork
7m7 minutes ago
#TexMcIver - Next defense witness is crime scene analyst Ross Gardner.

Mike Petchenik@MPetchenikWSB
5m5 minutes ago
Gardner testifies #TexMcIver defense hired him January. "I'm paid for my time, not my opinion. My opinion is my opinion."


Aungelique Proctor@aungeliquefox5
2m2 minutes ago
"Nothing just happens." We connect dots in crime scene analysis. #TexMcIver @FOX5Atlanta


Veronica Waters@MissVWaters
2m2 minutes ago
Ross Gardner tells #TexMcIver jury there's a margin of error when measuring trajectory (the path of the bullet or missile); says this is why his measurements are different from what was presented by forensic expert & that's why they "should not be concerned with that" @wsbradio

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[Niner]

Really, too easy, but I can't resist...

Perhaps you aren't getting the full range of... services... that Annie offers.

:laughing:

Probably NOT!

 

[YESorNO]

Veronica Waters@MissVWaters
2m2 minutes ago
Ross Gardner is called by the #TexMcIver defense: a gun expert/crime scene analyst. He shows the jury a trajectory rod in the seat of the SUV in which Diane McIver was shot. @wsbradio

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Jurors see trajectory rod through seat in the #TexMcIver SUV showing the path the bullet took.

Mike Petchenik@MPetchenikWSB
4m4 minutes ago
Picture of a model sitting in the back of #TexMcIver SUV holding a gun the way he believes Tex was holding it.

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[YESorNO]

Veronica Waters@MissVWaters
47s48 seconds ago
#TexMcIver crime scene expert Ross Gardner testifies that he got .5 degrees on angle of elevation, while APD forensics expert Knox got 2.5 degrees. Gardner has someone sitting in SUV holding gun the way he believes McIver was when he shot his wife Diane @wsbradio

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[YESorNO]

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Expert testifies the gunshot residue pattern tells him the #TexMcIver gun was not pressed up against the seat. “It’s physically impossible.

Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Expert says #APD failed to do gunshot residue testing that could have helped him determine how far the gun was from the seat in the #TexMcIver SUV.


Veronica Waters@MissVWaters
1m1 minute ago
Ross Gardner says presence of residue around bullet hole indicates the gun was not pressed up against the seat when #TexMcIver shot his wife. From particulate found on seat he says the .38 could not have been closer than six inches. Calls it "clear & obvious pattern" @wsbradio

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[YESorNO]

Veronica Waters@MissVWaters
1m1 minute ago
Probably worth noting that crime scene analyst Ross Gardner points out Atlanta Police failed to do gunshot residue testing on the SUV in which #TexMcIver shot his wife. The lead detective testified he didn't think it necessary to do muzzle/target distance or GSR tests @wsbradio


Aungelique Proctor@aungeliquefox5
1m1 minute ago
Expert says the prosecution's model of the crime scene (Expedition) was off by at least 5 inches. #TexMcIver @FOX5Atlanta

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[YESorNO]

Mike Petchenik@MPetchenikWSB
3m3 minutes ago
Gardner says this model shown to jurors by state witness was flawed and didn’t take into consideration of an arm rest on the door where #TexMcIver was sitting.

Mike Petchenik@MPetchenikWSB
8m8 minutes ago
Picture of a model sitting in the back of #TexMcIver SUV holding a gun the way he believes Tex was holding it.

Mike Petchenik@MPetchenikWSB
8m8 minutes ago
Garner says every indication is the gun was "on its side." It was not held in a "normal orientation."
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[YESorNO]

Veronica Waters@MissVWaters
8m8 minutes ago
#TexMcIver crime scene analyst Ross Gardner talks about angles if Tex's elbow was on the arm rest before shooting Diane in the SUV. "Every indication is the gun was on its side as it was positioned on his lap, wherever it was on his lap" @wsbradio

Aungelique Proctor@aungeliquefox5
7m7 minutes ago
Expert says every indication is the gun was on its side when fired, consistent with an unintention discharge. #TexMcIver @FOX5Atlanta

Break
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[YESorNO]

Mike Petchenik@MPetchenikWSB
11m11 minutes ago
Gardner testifies that photos of a model in the back seat provided by state expert are "inaccurate" and show something that couldn't have happened with #TexMcIver.


Mike Petchenik@MPetchenikWSB
12m12 minutes ago
Gardner: "I have a confidence that the weapon was somewhere between the forward hip and the lower thigh at the time of discharge." #TexMcIver.

Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Prosecutor tries to cut off the expert as he answers his question. Bruce Harvey: "You can't cut him off if you don't like the damn answer." #TexMcIver.


Veronica Waters@MissVWaters
44s45 seconds ago
Cross of #TexMcIver crime scene analyst Ross Gardner: Do you agree that for the gun to go off, the trigger must be pulled? Not necessarily, he says, but it has to be manipulated, yes. Yes it was in Mr. McIver's control @wsbradio

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Prosecutor: If #TexMcIver told people the gun just went off that wouldn't be true?"
Gardner: "If that's all he said, then yes, sir."


Veronica Waters@MissVWaters
8m8 minutes ago
#TexMcIver crime scene analyst Ross Gardner: I'm confident the weapon was somewhere in his lap; not sure where his hand was. State: Can you offer jury info about where gun was in relationship to Mr. McIver at time of discharge? With assumptions, somewhere on his thigh @wsbradio
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[YESorNO]

Veronica Waters@MissVWaters
4m4 minutes ago
State: You can't tell jury what was in the mind of #TexMcIver at time trigger was manipulated? Ross Gardner: No S: Could've been a deliberate pull? RG: I was clear...it was either an intentional act or unintentional act, not an accidental discharge where firearm failed @wsbradio

Veronica Waters@MissVWaters
8m8 minutes ago
State to #TexMcIver crime scene analyst Ross Gardner: If Mr. McIver told people that this gun just went off by itself because the vehicle hit a bump, that would be untrue, wouldn't it? "Absolutely." Who is the model in your demonstrative? "Mr. Samuel" @wsbradio

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[YESorNO]

Veronica Waters@MissVWaters
4m4 minutes ago
Crime scene analyst Ross Gardner did not compare #TexMcIver's physical stats to Don Samuel's. State asks, I thought you said in your profession, numbers matter?! Inches?! Not for a demonstrative, testifies Gardner. @wsbradio

Veronica Waters@MissVWaters
2m2 minutes ago
#TexMcIver crime scene analyst Ross Gardner is asked whether the .38 could have been fired by either hand in the position he described @wsbradio

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[YESorNO]

Veronica Waters@MissVWaters
49s49 seconds ago
Crime scene analyst Ross Gardner says if police had seized #TexMcIver's pants, we wouldn't be here. Says he's not a gunshot residue expert but is confident he knows it when he sees it. State asks him about manipulating the gun's trigger inside or outside grocery bag @wsbradio

Mike Petchenik@MPetchenikWSB
1m1 minute ago
Gardner admits he misread a report and thought testing of the gun showed #TexMcIver DNA was on the gun.
"I've made a significant error," he said.


Veronica Waters@MissVWaters
5m5 minutes ago
State: Isn't it that there wasn't no DNA found on this trigger from Mr. #TexMcIver? Absolutely. I've misread something. I've made a...well, not critical because it doesen't affect my analysis, but I've made a significant error @wsbradio

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[YESorNO]

Veronica Waters@MissVWaters
1m1 minute ago
Here is the redirect of #TexMcIver attorney Harvey:
Crime scene analyst Ross Gardner testified when Don Samuel modeled in the SUV to show how McIver was holding the gun, he didn't compare their height, weight, arm, leg, or any other stats @wsbradio



Law & Crime Network@LawCrimeNetwork
4m4 minutes ago
#TexMcIver - Defense attorney Harvey has McIver and attorney Don Samuels stand next to each other in front of the jury.

Veronica Waters@MissVWaters
1m1 minute ago
#TexMcIver jury asks crime scene analyst Ross Gardner if the pics he took of the modeling of the gun’s position had the door open or closed. He says it was open. @wsbradio

Lunch 'til 1:45
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[YESorNO]

Mike Petchenik@MPetchenikWSB
1m1 minute ago
ICYMI: New executor of Diane McIver’s will says #TexMcIver spending money out of the estate for public relations may have been improper.

(video clip https://twitter.com/twitter/statuses/984828037886824451...)
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[YESorNO]

Aungelique Proctor@aungeliquefox5
28m28 minutes ago
Judge says he will talk to #TexMcIver about whether he plans to take the stand in his own defense this afternoon. @FOX5Atlanta – at Justice Center Tower

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[YESorNO]

Yosha Gunasekera Talks Tex McIver Trial on Law & Crime Network 04/13/18

[video=youtube;yCYD082sbck]https://www.youtube.com/watch?time_continue=1&v=yCYD082sbck[/video]
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