Atlanta lawyer Tex McIver will get life in capturing demise of enterprise exec spouse

Replace: On June 30, 2022 Georgia’s highest courtroom threw out McIver’s homicide conviction and dominated he was entitled to a brand new trial. Learn extra right here. Our earlier story is beneath.

ATLANTA — A choose on Wednesday sentenced a well-connected Atlanta legal professional to life in jail with the opportunity of parole for fatally capturing his enterprise government spouse. Fulton County Superior Court docket Chief Choose Robert McBurney was required to condemn Claud “Tex” McIver, 75, to life in jail after a jury convicted him final month of felony homicide, although it was as much as the choose to determine whether or not he could be eligible for parole.

Tex McIver shot his spouse Diane as they rode of their automotive in 2016. The lawyer had claimed the capturing was unintentional. 

“48 Hours” investigated Diane McIver’s case in “The Final Journey Residence.” Watch the episode on-line.      

McBurney additionally sentenced McIver to 5 years in jail for a cost of influencing a witness however stated that might be served similtaneously the life sentence. On a cost of possession of a firearm in the course of the fee of a felony, McBurney gave McIver a suspended five-year sentence.

Diane McIver

Anne Schwall

His attorneys have stated he plans to enchantment.

McIver addressed the courtroom earlier than he was sentenced. He talked concerning the super quantity of assist he had acquired from folks he knew and other people he did not, together with letters from a lady in Eire and a person in Australia who have been strangers to him.

He stated some descriptions of his spouse throughout trial as a sharp-tongued and difficult girl have been powerful for him to take heed to and did not match the lady he knew and beloved. She sometimes corrected him, he stated, however he reasoned that girls should try this as a result of males do not all the time know how one can act in a relationship.

Phrases can not describe the depth of the love they shared, he stated.

“The luckiest day of my life was when Diane selected me,” he stated, studying from ready notes. He talked about how he nonetheless feels her presence with him continually, notably in the course of the 263 nights he is spent in jail since her demise.

“It is as if she’s on the opposite facet of a curtain or in one other dimension,” he stated.

McBurney additionally heard from folks near Diane McIver who spoke concerning the ache of lacking her.

The choose stated he could not impose a punishment worse than McIver’s ache in figuring out he precipitated his spouse’s demise.

However McBurney additionally famous that whereas McIver had been given as a lot time as he wished to handle the courtroom and had rambled by way of a variety of completely different subjects, “I did not ever hear you say you are sorry for what you probably did. To me, that silence speaks volumes.”

The McIvers have been prosperous and had highly effective buddies. He was a accomplice at a outstanding labor and employment legislation agency and served on the state election board. She was president of U.S. Enterprises Inc., the mother or father firm of Corey Airport Providers, the place she had labored for 43 years.

Dani Jo Carter, an in depth buddy of Diane McIver, was driving the couple’s Ford Expedition the night of Sept. 25, 2016, because the three returned from a weekend on the McIvers’ horse farm about 75 miles east of Atlanta. Diane McIver was within the entrance passenger seat and Tex McIver was within the again seat behind his spouse.

With site visitors heavy on the interstate, Carter exited in downtown Atlanta. Uncomfortable with the a part of city the place they exited, McIver requested his spouse to move him a gun from the middle console. A short time later, McIver fired the gun as soon as, putting his spouse within the again. Carter drove to a hospital, the place Diane McIver died.

The potential of parole granted by the choose supplies little hope of reduction for the 75-year-old McIver since he’d must serve 30 years in jail earlier than being eligible for parole consideration. 

Tex McIver describes for police the second he shot his spouse


Jurors acquitted McIver of malice homicide, which might have meant he supposed to kill his spouse. However they convicted him of felony homicide, which applies to a killing that occurs in the course of the fee of one other felony, on this case aggravated assault with a lethal weapon. Which means the jury discovered that he deliberately shot his spouse, and that led to her demise.

Some authorized consultants have speculated that the jury did not utterly perceive what their verdict would imply, that felony homicide carried the identical obligatory life sentence as malice homicide.

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