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

[Ember123]

Really surprised by the comments about Clint Rucker. He does not come across negatively to me at all. It will be fascinating to hear the verdict and find out what the jury has made of this trial. It reminds me of sitting through a homicide trial in that same building. Judge is an acquaintance. He was sure the defendants were going to be found guilty. The lead defense attorney chatted me up at break and asked me which way I thought the jury was leaning. I told him acquittal on all counts. He was like, really? And I said I was sure. And yes, the defendants were acquitted on all counts. My point is this: because I cannot see the jury, I’m just relying on what I can see. And I’m not at all disturbed or concerned by Rucker’s demeanor. I always follow the money. Samuels and Harvey are making insane $$ defending Tex. Clint Rucker does not get a penny more win or lose. I will be there all day Tuesday. Will report what I see as I am able to. Very hard to get cell reception in the tower, which is a bummer.

I like Rucker too! He seems okay to me but I will watch today's cross with a more critical eye and may reconsider... I was distractedly listening, to be honest. Bring on Closing Arguments!

 

[turaj]

I like Rucker too! He seems okay to me but I will watch today's cross with a more critical eye and may reconsider... I was distractedly listening, to be honest. Bring on Closing Arguments!

I started out liking Rucker....then as time went along I started to actually feel sorry for him...he is trying so hard but not effective and todays cross of Gardner is just awful and sort of mocking him...getting right up to the jury...making faces re testimony of witness.

 

[turaj]

Defense rests in Tex McIver murder trial; McIver won’t testify

"...3:51 p.m.

Jury Charge

Lawyers and the judge are working their way through the jury charge — or the directions the judge will give jurors before they deliberate.

They are deep in the legal weeds but these instructions are important in guiding the jury through their work.

Among the highlights, even if the jury doesn’t find McIver guilty of intentional murder they may find him guilty of lesser charges such as involuntary manslaughter.

3:10 p.m...."

https://www.ajc.com/news/crime--law/tex-mciver-murder-trial-day/xLNRqJVjHFJsD6CgTcFBoM/
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Listening to the end of court Ytube again- looks like the judge is going to allow lesser included offenses of felony aggravated assault, felony involuntary manslaughter, and misdemeanor involuntary manslaughter....hope so.

Yes this is excellent news...there is no question in my mind that he will get the involuntary manslaughter which seems appropriate to me and so glad it is included or he would probably get NG.

 

[turaj]

Really surprised by the comments about Clint Rucker. He does not come across negatively to me at all. It will be fascinating to hear the verdict and find out what the jury has made of this trial. It reminds me of sitting through a homicide trial in that same building. Judge is an acquaintance. He was sure the defendants were going to be found guilty. The lead defense attorney chatted me up at break and asked me which way I thought the jury was leaning. I told him acquittal on all counts. He was like, really? And I said I was sure. And yes, the defendants were acquitted on all counts. My point is this: because I cannot see the jury, I’m just relying on what I can see. And I’m not at all disturbed or concerned by Rucker’s demeanor. I always follow the money. Samuels and Harvey are making insane $$ defending Tex. Clint Rucker does not get a penny more win or lose. I will be there all day Tuesday. Will report what I see as I am able to. Very hard to get cell reception in the tower, which is a bummer.

look forward to your impressions on Tuesday...should be closings.

 

[Gardenista]

I started out liking Rucker....then as time went along I started to actually feel sorry for him...he is trying so hard but not effective and todays cross of Gardner is just awful and sort of mocking him...getting right up to the jury...making faces re testimony of witness.

I thought the SUV scene they set up in the courtroom was so dumb. That's when I started wondering WTH is wrong with the State. Then I started to research and figured out they know they have no case, but they built it up to the public like they did. I knew zero before it started.

 

[Niner]

Good morning!

honestly rucker prancing around making monkey shine faces at the jury during his cross of the crime scene guy is unbelievable. He is foolish and if he thinks the jury find him amusing or that he is doing a good job I think he will be very disappointed.

I really don't know what the BBM is but I'm :lol:

And I agree - involuntary manslaughter!

Oh so glad to hear someone (arta) will be in the courtroom. Take a LOT of notes! :giggle:

and YESorNO


:yourock:

 

[Elisaa444]

What I can't stand is seeing Tex's pathetic face with his poor-me, woe-is-me, oops, did-I-do-that, meek ole me attitude. What did she see in him? Also want a pair of scissors to snip that other one's rat tail! Gross!!!

^^^ Yesss to all the above. This is exactly how I feel about Tex and his attorney's rat tail. :notgood:

BBM

Oh yeah, that's a great question.

jmo/moo/imo/jmho/Etc.

 

[Elisaa444]

Really surprised by the comments about Clint Rucker. He does not come across negatively to me at all. It will be fascinating to hear the verdict and find out what the jury has made of this trial. It reminds me of sitting through a homicide trial in that same building. Judge is an acquaintance. He was sure the defendants were going to be found guilty. The lead defense attorney chatted me up at break and asked me which way I thought the jury was leaning. I told him acquittal on all counts. He was like, really? And I said I was sure. And yes, the defendants were acquitted on all counts. My point is this: because I cannot see the jury, I’m just relying on what I can see. And I’m not at all disturbed or concerned by Rucker’s demeanor. I always follow the money. Samuels and Harvey are making insane $$ defending Tex. Clint Rucker does not get a penny more win or lose. I will be there all day Tuesday. Will report what I see as I am able to. Very hard to get cell reception in the tower, which is a bummer.

BBM

I've been watching this trial daily and Rucker doesn't come across negatively to me at all either. Though I have seen that opinion a lot on other sites. It will be interesting to see what the jury thinks.

Thank you so much for reporting back to us any interesting info. Much appreciated!

jmo/moo/imo/jmho/Etc.

 

[BUF]

At the end of the defense case before they rested, the judge asked if there were anymore witnesses and Samuels went out of the courtroom. Do you think he went to talk to Annie?

My guess right now on the verdict is that he will get involuntary manslaughter or a hung jury (I could be wrong on all). If there is a conviction there is no doubt an appeal will be filed...if so, will he be released until the appeal (his attorneys will argue for this)? If a hung jury, do you think they will re-try this case?

Another bizarre twist of this trial that crossed my mind...61 becomes the jury foreman!

 

[turaj]

At the end of the defense case before they rested, the judge asked if there were anymore witnesses and Samuels went out of the courtroom. Do you think he went to talk to Annie?

My guess right now on the verdict is that he will get involuntary manslaughter or a hung jury (I could be wrong on all). If there is a conviction there is no doubt an appeal will be filed...if so, will he be released until the appeal (his attorneys will argue for this)? If a hung jury, do you think they will re-try this case?

Another bizarre twist of this trial that crossed my mind...61 becomes the jury foreman!

BUF...on juror 61 you know nothing would surprise me. I sounds like they have a breakfast club now and maybe she is fully "on board"

Try this case again..they SHOULD NOT but of course does not mean they would not. Probably depends on jury post interviews to see the split etc.

Sure they will appeal anything and everything but with those lesser charges in there they will get him on something and no doubt he will do little to no prison time...he will bond out of anything as he has not fled yet.

On Samuel leaving the courtroom...possibly as they did say they might call her again...for me she added little to the real case and I felt she is just another in the string of this group of very strange people and what her relationship is with them is anyone's guess...I do feel it extends beyond all the therapies she mentioned on the stand. For me she was not not likable.

 

[turaj]

just came upon the jail house calls including one where the schwalls came...he talked to Austin, Ann and then "the judge" (her hubby) got on and said he supported Tex 1000%. Where did we hear that before?

 

[turaj]

Also wondering as I watch some pre-trial apparently the list of recused judges was pretty long. At day one of the bond revocation hearing Judge McBurney said he got it by default as another judge recused themselves. At that time Judge Mc. was not sure that he would get the case however he said the "recusal" list for judges was long on this case and he might get it. Given Tex' high profile and political involvement were too many judges in debt to him or what?

 

[turaj]

Also another observation of Rucker in that hearing of bond revocation which I guess is about one year ago...I had a bit of trouble recognizing him as I think this case has not been good for his health...he looks tired of course these days and also like he has put on quite a bit of weight. I mean he was a big guy a year ago but not like today. Maybe I'm wrong but just noticed it.

 

[Sillybilly]

Sleuthing individuals who are not officially named a POI or suspect is against TOS.

And a judge no less?

Please Alert if you see any other posts that violate this rule.

:wave:

 

[YESorNO]

Jury May Also Consider Involuntary Manslaughter Charges Against McIver
When Atlanta attorney Tex McIver was first arrested, he was charged with involuntary manslaughter and reckless conduct. A county grand jury later elevated those charges to murder.

"...On Friday, Fulton County Superior Court Chief Judge Robert McBurney said he will add charges of involuntary manslaughter due to reckless conduct, a felony, and involuntary manslaughter due to criminal negligence, a misdemeanor, to the charges of malice murder and felony murder McIver already faces.

At a charge conference with prosecutors and defense lawyers Friday afternoon, McBurney also said he would allow the jury to consider that Diane McIver’s shooting death was an accident that would end in her husband’s acquittal. The conference came after the defense rested its case.

McBurney said he was adding the involuntary manslaughter charges sua sponte, or on his own motion.

“It’s a very reasonable interpretation of the evidence in the case and ought to be included,” he said. The jury would not be told that one count was a felony and one a misdemeanor, he added...."

https://www.law.com/dailyreportonli...oluntary-manslaughter-charges-against-mciver/
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Slayer Statute Takes Center Stage
The bizarre case of an Atlanta attorney and the murder of his prominent businesswoman wife.

May 16, 2017

"...Getting back to the McIvers, on a personal level, theirs is certainly tragic, regardless of whose version of events is to be believed. Purely from the estate administration perspective, it also illustrates the details in the operation of Georgia’s Slayer Statute. At first, it was unclear whether any criminal charges would be brought in connection with Diane’s death, but in December 2016, Tex was charged with involuntary manslaughter. This charge seemed consistent with Tex’s version of events wherein his gun accidentally discharged, killing his wife. Under the Slayer Statute, even a conviction of involuntary manslaughter wouldn’t operate to disinherit Tex because involuntary manslaughter doesn’t meet the definition of intentional and felonious killing under the statute. Thus, when he was charged with involuntary manslaughter, even a conviction would allow him to inherit his wife’s presumably significant assets.

Upon further investigation, however, the case took an even more interesting turn. According to an article in the Fulton County Daily Report, which covers legal proceedings in the Atlanta area, investigators had reason to believe that Diane had a second will, which presumably treated Tex less favorably than her first will. Based in part on this evidence, Tex was then re-indicted and charged with malice murder. Under this new charge, the provisions of Georgia’s Slayer Statute would in fact cause Mr. McIver to lose the right to inherit from his wife. While the criminal case is pending, the Fulton County District Attorney’s office has also sought to remove Tex as the executor of his wife’s estate.

As of the date of this writing, Tex is being held in jail without bond; he vigorously maintains his innocence. Resolution of his criminal case is likely months away. Resolution of his wife’s estate may be even further away. Georgia’s Slayer Statute can be triggered by both criminal and civil proceedings. A criminal conviction of murder, felony murder or voluntary manslaughter conclusively disinherits the slayer.9 An acquittal doesn’t, however, end the issue. Even if Tex is ultimately acquitted, a civil proceeding can also trigger the forfeiture from the statute, provided the “felonious and intentional killing” is shown by clear and convincing evidence.10 Thus, it’s highly likely that this tragic case will go on for quite a while."

http://www.wealthmanagement.com/estate-planning/slayer-statute-takes-center-stage

Maybe poor Mr. Corey could sue Tex???:thinking:
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[turaj]

Also another observation of Rucker in that hearing of bond revocation which I guess is about one year ago...I had a bit of trouble recognizing him as I think this case has not been good for his health...he looks tired of course these days and also like he has put on quite a bit of weight. I mean he was a big guy a year ago but not like today. Maybe I'm wrong but just noticed it.

please ignore this post as i no longer think I was seeing clearly and it is not related to the trial really. I requested it to be removed and MOd would not ...guess that is policy. I think dark suits are really the way to go for Mr. Rucker.

 

[turaj]

Anyone recall back to the bond revocation hearing? I really can't understand this at all. As I follow it there is a Glock that was given to Billy in a sock drawer. But Billy has another one with different serial number. Honestly I have to wonder about this...seriously...it was not there per other reports...then it is there. I think Tex loved himself too much to shoot himself so why would he want a gun or jeopardize the bail? With so many people with the code anyone could have put it there. Anyone have any opinion on this whole deal.

Listening to Mr. Hugh...while he is sympathetic his story leaves me wondering. I find that gun showing up odd and I think Corey can facilitate just about anything he wants and he knew this would be really bad for Tex. And he buys groceries for the McIvers and puts it on the Corey bill. This is so messed up and the McIvers are so messed up and rreally shared that with all they came in contact with.

 

[turaj]

Boy Judge McBurney was so impressive in outlining his decision on the bond....he speaks plain English and his reasoning is sound...I wish he was the jury in this case. The fact that he wants the lesser indicates to me that is what he thinks has been provded together with court 5 and he threw out the other tampering charges. While I don't like his theatrics in the courtroom these days he clearly is a good judge.

 

[MsArk]

Boy Judge McBurney was so impressive in outlining his decision on the bond....he speaks plain English and his reasoning is sound...I wish he was the jury in this case. The fact that he wants the lesser indicates to me that is what he thinks has been provded together with court 5 and he threw out the other tampering charges. While I don't like his theatrics in the courtroom these days he clearly is a good judge.

I agree the evidence fleshes out to involuntary manslaughter but it seems like because the State went ahead and elevated it to malice murder, manslaughter should be taken off the table. State charged malice murder. Proven BARD, he is guilty. If not, he is not guilty. State is getting it both ways.

I don’t know if Tex is guilty or innocent of intentionally murdering Dianne for financial gain but the State didn’t prove it, IMO.

 

[turaj]

I agree the evidence fleshes out to involuntary manslaughter but it seems like because the State went ahead and elevated it to malice murder, manslaughter should be taken off the table. State charged malice murder. Proven BARD, he is guilty. If not, he is not guilty. State is getting it both ways.

I don’t know if Tex is guilty or innocent of intentionally murdering Dianne for financial gain but the State didn’t prove it, IMO.

Question...could the judge have refused to include that? I listened to the charge conference and got the impression it was his call...did not hear much argument one way or the other which surprised me. Maybe I need to listen again because this case turns on those charges and instructions. I think judge wants him to be found guilty in some way for this "event" and he knows the state did not prove the case so this is his way of leaving the door open? In a way not a day of this trial was spent showing manslaughter and why they should convict him of that...and now how is rucker going to structure his closing? Case is confusing to me.