The trial so far: After six days of intense questioning, a jury was finally seated on Monday. Opening statements followed Tuesday, and prosecutors began calling witnesses that same afternoon. Their case is expected to take another week, if not longer. Claud "Tex" McIver is charged with intentionally shooting his wife, Diane, in the back on Sept. 25, 2016.
The state's case: Tex McIver's finances were in trouble. His wife held the purse strings. Tex liked to be in control. Killing Diane was the easiest way for him to get it back and maintain ownership of the couple's Putnam County ranch, prosecutor Seleta Griffin said in her opening statement. The shooting was "planned, intended and calculated."
The defense responds: "They seemed like lovebirds even after 10 years of marriage … and that is why he did not intentionally shoot her," defense co-counsel Amanda Clark
Palmer said. The state’s motive actually supports the defense’s contention that Diane’s death was an accident, Clark Palmer said. He needed her cash flow, and that was cut off when she died.
Noted and quoted: "I don't understand why I'm here. I don't know who was holding it," said Emory emergency room doctor Selin Caglar, referring to the gun that killed Diane McIver. Prosecutors had told jurors a doctor, presumably Caglar, would testify that Tex McIver told her Diane "took the gun and put it behind her back. And as they were driving it went off." Caglar said Tex told her he took out the gun and it went off when they "went over a bump."
Expert analysis: "On balance, the state's case has seemed disjointed and at times incoherent, as if they hadn't even spoken recently to many of the witnesses," said Marietta criminal defense attorney Philip Holloway, a former prosecutor. As for the alleged financial motive, Holloway said that while "it does seem true that Mr. McIver stood to inherit quite a bit, it also appears that it would be much simpler to maintain his lifestyle with his wife alive."
What's next: Plenty. We've yet to hear from Dani Jo Carter, the sole witness to the shooting. She was driving the couple's Ford Expedition when McIver fired his .38 revolver from the back seat, hitting his wife, who was sitting in the passenger seat, from behind. Prosecutors have also yet to address the three counts of influencing witnesses, including Carter, who alleges McIver wanted her to tell police she wasn't in the SUV at the time of the shooting.
The Atlanta Journal-Constitution and Channel 2 Action news will bring you LIVE gavel-to-gavel coverage of the Tex McIver murder trial. Check back on ajc.com each day for a live blog and video from the courtroom. Visit myajc.com/crime/ for previous coverage of the case and a link to our Breakdown podcast.
