Danny Jo Carter (2:58)

I'm driving. And Diane says, well, get off here. We get off. And about that time, she starts yelling at Tex to wake up because obviously he dozed off in the backseat to look at ways. I thought, we don't need to look at ways. You know exactly where we are. And she says, well, get off here, get off here. And the ramp to get off at Edgewood is kind of a long curve and goes down the hill a little bit. And Tex woke up. And he said, well, girls, I wish you hadn't done this. This is a really bad area. This is a bad area. And I thought, it's not really that bad of an area. I wasn't paying attention. I was paying attention to driving. So we got to the bottom of the ramp, and the light was red. And he asked Diane to. He said, well, he said, darling, hand me my gun. And I knew that there was a.38 that was in the console right below my elbow. And she said, tex, I don't even know where your gun. Well, I knew that it was there because I'd driven that vehicle a lot, and I just knew it was there. I had both hands on the steering wheel because it's dark, it's a huge vehicle. And he said, it's in the console. Well, she went to lift up the console, and I glanced down and I don't see it. He said, it's in the bag. There was a Publix bag, one of those brown ones. And it was in that bag, which was odd, I thought. I started to reach down and get it, but I thought, no, she doesn't have anything to do. Let her hand it to him. If that's going to make him feel like he's Mr. Protector or, you know, whatever, let her hand it to him. So she did. She handed him the gun. But I did notice some people on the sidewalk. I guess they could have been walking from dinner or whatever. And Diane says, turn here. So I was going down Piedmont, and I thought, that's great. We can just take a straight shot. And she and I were just talking about the debates, and, you know, I tattoo eyebrows. And she had decided to find she'd worked up the nerve to do it. We were talking about that, and.

Tex McIver (5:38)

Of.

Danny Jo Carter (5:39)

Course, it was the time of year that you switch out your closets. And she was doing that. And that was a two or three day project because of the amount of her clothes she had gone from the two closets. To storage units. So we were talking about when that was going to happen. And we got around Piedmont park and I stopped at a traffic light. Diane was playing with the door locks. And I said, what are you doing? She says, I'm making sure it's locked. And I was like, okay, she's just playing. She was a little tipsy. And then within seconds, I heard this loud explosion. I didn't realize that it was in the car, which amazes me, but I didn't. I just turned to the right and I was thinking, what? What exploded? Did somebody hit us? And I'm thinking, no, nothing's jarring me or the car. About that time, Diane sat up and turned around to look toward the center of the console. And she said, tex, what did you do? And he said, the gun discharged. I turned around and looked at the same place she was looking. And I could see his hand moving. I could see the bag and I could see the gun and the poof of smoke. I'm thinking, there's a bullet hole in the bottom of the car. I put both my hands on the steering wheel and I thought, she is getting ready to tear him a new one. And I just want to get home, want to get home, get my car. And they can have it out because there's a bullet hole in the bottom of this car. And within still seconds. It seems slower now to talk about it. She turned around and sat straight up in the seat and was just facing forward. I thought, turn. I wanted the light to turn green. And she sat forward and kind of moved, turned around toward me. And she said, tex, you shot me. I realized that I didn't know where that bullet was.

Dale Cardwell (8:25)

I was in San Francisco, California on September 26, 2016. My phone rings at five in the morning. It's Billy Corey. He said, dale, there's been a tragic accident. Diane is gone. There's been a tragic firearms accident. Diane is no longer with us. She's dead. From Sony Music Entertainment and Waveland Road, you're listening to Deadly Fortune. This is episode one. Texan Diane. My name is Dale Cardwell. I cut my teeth as an investigative reporter in Atlanta, often chasing down public figures with much to say, but also much to hide. I've run all over the city in a news van, chasing scammers, liars and downright bad people. One reporting run proved to be faithful. I was working on a story about a controversial airport advertising plan at Hartsfield Jackson Airport full of lawsuits and money. And there I met a man named Billy Corey, a well known businessman. And behind the scenes political power broker and king maker. That day, Billy Corey encouraged me to go after that story. We struck up a friendship and continued to stay in touch over the years. As I continued on in my career, I imagined I had my own set of superpowers and decided to set off in a new direction. I quit my local TV gig at WSB TV in Atlanta and ran for the U.S. senate. I'm Dale Cardwell. You may know me from my 23 years as an investigative reporter, but for the past year I've been. As I was driving in Atlanta thinking about my campaign and what I could do to really make a splash, I passed by Quarry Tower and I had an idea. I made an appointment with Mr. Corey, sat in his office and told him I wanted to spend as much time as I possibly can camping out on the top of your tower to make a big splash. Something that would be picked up not by just the local media, but everywhere. I wanted to go viral before that was a thing. Billy Corey said it was okay. Go for it. He owned the tower after all. The tower stands 300ft tall, located right at what locals call the connector heading north into Atlanta from the airport. It's across from Grady Hospital and just around the bend from what used to be Turner Field, the former home of the Atlanta Braves. A bit of a Relic from the 60s version of Atlanta, the tower was originally created by Georgia Power as part of a steam plant operation that powered local homes. Today, over 1 million people drive by the tower each day. And that's why Billy Cory bought it back in 1994 as an advertising and billboard opportunity. I fought through the rain, the sun and freezing temperatures for seven days and seven nights to promote my campaign. Once I was atop the tower, my bright idea met with reality. A soul sucking race to nowhere.

CNN Host (12:01)

You see this guy right here? This is a man who's determined to bring about change in America politically. But he's not doing it like Romney, like Obama, like Hillary Clinton, like Huckabee. No, no, he's willing to hang out on top of a 320foot tower just to get his message across. These are live pictures you're looking at, folks. It's been like 10 degrees and with the wind chill below, unlike any other politicians, he' he's got no money to pay for commercials. And you know what? It might be working. He's running for Senate. Joining us now from that 15 foot ledge at the top of the 320 foot tower is Dale Caldwell. Hey Dale, thanks so much for being with us.

Tex McIver (12:38)

All right, man.

CNN Host (12:38)

Here's your opportunity. You're on cnn. You're right. You don't have money to pay for commercials. So what's your message?

Dale Cardwell (12:48)

Here it is. For 23 years, I've been an investigative reporter going behind the lines of power and big government to bring people the real story. I imagine David Letterman picking up on this. Or Leno or any number of outfits in Hollywood. I would be known not just in every living room in Georgia, but nationwide. It would be my peanut pushing moment. But as they say, timing is everything. And doing this all during a writer's strike was ill timed. Your favorite television shows will go away and they may not come back. The only thing I caught during those seven days was a cold. Though I lost the race, I won the respect of Billy Cory for my audacious swing into politics. Little did I know our paths would continue to cross in unexpected ways in the coming years. Oh, such a clutch off season pickup, Dave. I was worried we'd bring back the same team. I meant those Blackout motorized shades. Blinds.com made it crazy affordable to replace our old blinds. Hard to install? No, it's easy. I installed these and then got some from my mom. She talked to a design consultant for free and scheduled a professional measure and install hall of fame son. They're the number one online retailer of custom window coverings in the world. Blinds.com is the goat shop.

Narrator (14:15)

Blinds.com right now including get up to 40% off select styles plus a free professional measure. Rules and restrictions may apply. Infamous is celebrity gossip, but smart. It takes you deep into the stories that we just can't stop ourselves from following. From who Meghan Markle really is.

Jesse Tyler Ferguson (14:31)

Apparently.

Danny Jo Carter (14:32)

Ambition is a terrible, terrible thing.

Narrator (14:34)

To the scandal at Lululemon.

Danny Jo Carter (14:37)

You've got this man saying that his yoga pants don't work for women because they're too fat to wear up.

Narrator (14:44)

We've got over 100 episodes ready for your binging pleasure. Listen to Infam, the gossip show. That's smart.

Dale Cardwell (14:54)

Danny Jo Carter was Diane's best friend before she became Diane McIver. The two having met when Danny Jo worked at a nail salon where Diane would come in often.

Danny Jo Carter (15:06)

We are total opposites. I mean, I was short and fluffy and she was tall and thin and she was a numbers cruncher and a workaholic. And I didn't go to work until noon cause I'd stay at work until 7 or 8, which suited her because she was such a workaholic that she never left early. It just kind of evolved. I know two of her oldest friends but she worked so much. She didn't have a lot of women friends. We just talked about stuff, girly things, and she was usually just, you know, all business.

Dale Cardwell (15:40)

The two shared so much together. Diane had been through a lot. She had been in a bad marriage and had finally escaped filing for divorce.

Danny Jo Carter (15:51)

Well, right after I met her, I went to work in another salon, and there was a Diane there that did hair, and it was too confusing, and she was there first. So I was the one that got to have a nickname, which I'd never really had one, but Diane called me Diane for years. Matter of fact, the hairdresser Diane. We would all go out and, you know, somebody might approach us and want to know what our name was. And, you know, Diane, Diane, Diane. They thought we were lying. So Danny was a name that I used to use when I'd go to high school dances. And I didn't want the guy to know my real name. And I thought Danny was cute, so it stuck. But one of my girlfriends did not like the salon owner, so she refused to call me Danny, and she made up Danny Joe. Once you kind of say double names in the south, they just kind of get stuck. And people that, you know, don't call me anything but Danny Jo. So I feel like a bank robber sometimes. She married this. She married this guy. He could be a lot of fun, but he just had some anger issues, and there were some really tough times there for her. It took her 10 years, but she finally got a divorce. It took her that long, I think, because she never wanted to be divorced.

Dale Cardwell (17:16)

Diane's childhood had been tough on her, too. And as a little girl, her dad broke her heart.

Danny Jo Carter (17:23)

Her dad left her, and the last time she saw him, she was standing at the mailbox crying. And I think she was about 6 years old.

Dale Cardwell (17:31)

And her mom had gone through many tumultuous marriages, causing deeply painful scars for Diane.

Danny Jo Carter (17:38)

Diane would not go to therapy for a long time. And I told her one day when she was dealing with something that I'd gone as far as I could with her, and she needed to go see a real therapist because she thought that people that went to therapists were crazy. And she wouldn't even tell anybody that I went because she didn't want anybody to think her best friend was crazy. She finally figured out that her mother had been married and divorced five times. And she didn't have a great relationship with her mom, and she. She didn't want to be that person. She didn't want to be divorced. She was very well off and she was beautiful, and she was not a timid person at all. Not wanting to be like her mother was a very strong motivation. And she had gone to see a therapist one day, and she called me. She said, I finally figured out why. So I think that kind of stayed with her for a long time. That was probably the reason that I didn't know about certain things that she kept private. Because in the years before, there was nothing that she wouldn't tell me.

Dale Cardwell (18:42)

But Diane was her own woman. She was strong, tough, and now she was on her own and doing well. One thing was for sure, she was definitely not looking for love. Until one day when a man in her Buckhead apartment complex asked her out. In a letter he left by her door. He signed his name Claud Lee McIver. Tex.

Danny Jo Carter (19:07)

Well, Diane was in the process of getting a divorce. She wasn't divorced yet. She bought a condo in Buckhead, and Tex lived in that condominium building. And he. They had been at some functions together, but Diane really. She knew the name, but she didn't. She. I don't think she'd ever really been introduced to him. And he started trying to get people to introduce her to him. I was over there one day waiting on some delivery, and the condo was empty. No one. They had good security. Nobody was supposed to be up there. And I heard a noise, and I walked by the door, and there was an envelope on the door. And I said, diane, somebody came up here and put an envelope under the door. I called her, and she says, well, open it. And so I started reading this letter, and it was signed Claude Lee MacGyver. And then it had text under it. He, you know, wanted her to go to dinner, and she didn't go right away. He was pretty persistent with getting somebody else to put in a good word for him. And one day, she put on her baseball cap and her workout stuff. She said, well, I'm going to go up there, have dinner with him. So she did. She came back and she said, well, he's a really nice guy. I enjoyed talking to him, but he's too short and he's too old. It could be tumultuous. She would go up and grab her toothbrush and everything and bring him back downstairs and say that they weren't going to date anymore. Eventually they did, and it was exclusive, and, you know, it was a lot of fun.

Dale Cardwell (20:39)

It's 1999, and Tex McIver looks like a cowboy and a lawyer. A cowboy lawyer, big hat and belt buckle. He's not tall, but he always stands out in his boots. He's working as a partner at Fisher Phillips, one of the big law firms. As a labor attorney. Tex found himself as a rainmaker in that law firm. Tex was gregarious. Everybody loved him. He was a fun guy to be around. It was part of Tex's job to know people. He was named to the judicial nominations committee for Governor Perdue. He vetted potential judges. He suggested judges to the governor. The governor very often followed through with Tex's suggestions. If you want to be a superior court judge, you needed to know Tex McIver. Tex had real power and tentacles to a good number of people that were in real power positions. Tex went big in his red hot relationship with Diane too, purchasing what he said was a beautiful $60,000 ring for Diane. The two would be married in a spectacular ceremony. Rachel Stiles, one of Diane's close friends, planned the huge event. This would be a one of a kind wedding spectacle, just the way Diane wanted it.

Rachel Stiles (22:06)

She wanted the guests brought in in a covered wagon. And I said, diana, we're not in Texas. You know, you just don't call up down the street and get a covered wagon. She says, well, you, I know you can find one. I was even going to have one brought in from Oklahoma and then I found one in Warm Springs, Georgia. And the lady, she says, but the COVID is pretty well worn and not, you know, and I thought, oh, Diane wouldn't want that. And I said, well, let's negotiate here. And I worked it out. We had a covered wagon. Tex literally worshiped Diane. I have never seen two people so happy. And sometimes it was almost, you know, it's like, oh, cut it out. You know, darling this and darling that.

Dale Cardwell (22:52)

Tex and Diane's relationship was often a battle of wills. Two strong minded individuals married later in life, each with their own ambitions.

Danny Jo Carter (23:04)

I think Diane definitely wore the pants. They had very common interests, politically business wise. She could out lawyer him. She usually won most of the arguments, but Tex wouldn't. Tex wouldn't really argue with her about anything. If there was some kind of business thing that he thought something should go one way and she thought it should go another, they would have. It could get heated up in something like that. But personal things, they did not argue. I used to look at him sometimes because Diane wasn't the easiest person in the world. She could be abrasive with you when she thought you needed to hear something or even kind of joking around. And sometimes it wasn't very funny. But she would do that to Tex and tease him about his golf or his cooking. He liked to cook. Didn't do it very well, but it didn't stop him. She would go on and on about something that he had done that was terrible or, you know, kind of making fun of it. And he would just shrug his shoulders and kind of go, well, darling. And I used to look at him and think, what does that really. What do you do with that? Does it just roll off your back? Or is everything so good that it balances out tax?

Dale Cardwell (24:26)

Served as Billy's attorney on the airport suit against the city, Billy needed Tex. But there was somewhat of an adversarial relationship because Billy continually thought Tex was overcharging him. He thought Fisher Phillips was billing too much for the work they were doing. And this created tension between Tex and Diane, since Diane worked for Billy and Billy. And Diane would blow up. She'd say, we're not paying this. This is crazy. You take this back and you need to get your pencil out and sharpen it, because this isn't going to fly. In the process of my developing friendship with Billy Cory, it was here that I met Diane, who was president at Billy's company, and her husband, Tex. I was welcomed into this inner circle of power players and a true cast of characters. I became the ad hoc media advisor to Billy Cory, which meant I was the ad hoc media advisor to his circle of friends. As a result, I got to know Diane, I got to know Tex. We socialized together. I had an interesting history, and I knew a lot of people. They knew a lot of people. They loved having influence in the community. They frequently asked me, what do you think if we did this? What reaction would that get? Tex was constantly trying to get into the Atlanta Journal Constitution. He would call me and say, hey, I'm running in my 35th Peachtree Road Race. Can you get someone to do a story on me? Billy Corey owned a condominium in Buckhead in the same complex as Tex and Diane, just a couple of floors apart. On a Tuesday afternoon after work or on a Friday evening, we would all go over to the condo and have a glass of wine.

Danny Jo Carter (26:12)

Diane was. She was so much fun. She was absolutely hysterical. Sometimes she would get up and sing when we had parties, and Cowboy Roy would be up there with the microphone and dance. She didn't sing, but she didn't. She didn't care. She was gonna have a good time, and she loved to have a good time. She wanted everybody to have a good time. And she knew how to throw a party often.

Dale Cardwell (26:39)

Roy Mitchell, known lovingly as Cowboy Roy, would Come and play country music. For us, those events were business because often Billy had clients there and they were often just family, just hanging out, eating good food. Here's Cowboy Roy.

Tex McIver (27:03)

Chamber of commerce in the town said you'd have to take em down Cory's billboards beside the railroad track Though the chambers said his day was over and dead. It'll live forever till he brings em back. And then of course don't let em tear Sing Cory's bill. Sing it with me, Dale. Don't let em tear Corey's billboards down. Don't let em tear Corey's billboards down. Cause there's not another like him in this country. All this town. But that's the billboard story.

Dale Cardwell (27:50)

I remember it well. Cowboy Roy and I never missed a beat. And me, well, I was an interloper. I felt like Nick Carraway in the Great Gatsby. I was the guy that lived in the boathouse. I was Tom from the Godfather, the only non Italian that was in the circle. I was this guy that didn't seem to belong, but I belonged anyway. I think it was because of my media credentials they respected that I'd been around the block a few times and they ran things by me all the time, especially business incentives and adventures. And so we just all got along. This was a new money crowd. They worked hard for it and they spent it like new money.

Danny Jo Carter (28:36)

Vacations were not restful vacations with Diane because it was, you know, you were up at what, 7:30, you go out to Jackson Hole, Wyoming. You're up at the crack of dawn so you could have breakfast, so you could get on these snowmobiles because you were going to ride for eight hours and if you didn't start early, you weren't going to get back in time. Everything was usually a go go thing. There was not a lot of just sitting around and taking it easy on vacation. He would take the plane up and fly, get Cowboy Roy and whatever hors d'oeuvres and, you know, red wine and just go take off and fly around Atlanta and have a cocktail party in the air.

Dale Cardwell (29:25)

It was also a great big family, and it was absolutely the way it was until September 25, 2016. That night, a stunning series of events would change the lives of our circle of friends forever. Tex McIver had shot his wife Diane in the SUV that fateful night and would embark on a baffling series of gaffes and conflicting stories that would ultimately send him to prison for the death of Diane. Breaking right now at noon, a wild turn of events in a murder case that's really gripped Atlanta for years. Tex McIver is a convicted murderer after.

CNN Host (30:05)

Shooting his wife Diane in an SUV in 20.

Dale Cardwell (30:08)

MacGyver is accused of shooting his wife near Piedmont Park. But our story doesn't end there.

Jesse Tyler Ferguson (30:18)

Hi, I'm Jesse Tyler Ferguson, host of the podcast Dinners on Me where I chat with some of my friends over food. Like Kathryn Hahn, who told me about working with a Broadway legend on the Marvel and Disney series Agatha all along.

Danny Jo Carter (30:32)

I mean, it was nuts to be able to do all that. And Wiggs and Aubrey and Patti. Love Patty the Wolf lupone.

Jesse Tyler Ferguson (30:43)

Check out the full episode by searching Dinners on Me. Wherever you listen to podcasts.

Narrator (30:51)

Hello, it's your beauty and wellness BFFs and we're here to answer all your burning questions. Skincare, makeup, parenting, and more. We have got you covered. Oh yes, we do. We'll speak with industry insiders, celebrities, and our close friends and give all our honest and unfiltered thoughts. Always listen to Lipstick on the Rim, now on Apple or wherever you get your podcasts.

Dale Cardwell (31:25)

Tex McGyver is alone and he's lonely. Right now, he's in the Augusta State Medical Prison. The prison's less than 30 minutes away from the legendary Augusta National Golf Club, home of the Masters. But today there's no chance of him hitting the links. He's been in and out of jails and prisons for years now. It's felt like whiplash as he's gone through so many trials and so many transfers. But here at Augusta State Medical Prison, his belt buckle and cowboy hat are just former comforts stuck wearing prison issued scrubs every single day. The last few years have not been easy.

Rachel Stiles (32:12)

When I just saw him recently, I could tell that, you know, he's had a little bit of shaking of the hands. He has not received good medical care in prison. He's trying to cope with everything. You know, he knows that there's light at the end of the tunnel now and that he's just going to make the best of it and move on.

Dale Cardwell (32:33)

But now Tex finally knows the day he'll get out of prison and things are looking good. Really good. You see, despite his current accommodations and circumstances, Tex has much to look forward to. Finally, once he's out, Tex could transform back into a millionaire overnight. What you might not know is. Well, only a few insiders actually do know, is that incredibly, Tex is set to inherit Diane's fortune, the woman he killed once he's out. In fact, even before he's let out in early 2025. The money has already started flowing, and there's nothing anyone can do about it. This season on Deadly Fortune.

Jesse Tyler Ferguson (33:39)

I've never witnessed a leper coming out of a leper colony or a true pariah being shunned by a community and sent out, you know, a scarlet letter being painted on. But it felt like that. To have a woman of that stature.

Danny Jo Carter (33:51)

In a simple cardboard box in the.

Jesse Tyler Ferguson (33:53)

Bottom of her closet after her husband.

Danny Jo Carter (33:55)

Sold all her things.

Jesse Tyler Ferguson (33:56)

A little unsettling to say the least.

Dale Cardwell (33:58)

But that still doesn't explain how the gun went off. Guns just don't magically go off on their own.

Jesse Tyler Ferguson (34:03)

And he said, essentially, I need you to fall on your sword.

Ryan Reynolds (34:07)

There's a million things in life that.

Dale Cardwell (34:09)

Are hard to explain and to jump.

Ryan Reynolds (34:11)

From that to these odd things, they all add up to malice murder.

Tex McIver (34:16)

Yeah, I mean, people, you know, do.

Dale Cardwell (34:17)

Dumb shit all the time.

Danny Jo Carter (34:18)

The attorney accused of murdering his wife owed her thousands of dollars. Hundreds of thousands of dollars. Oh, man. I tell you, you're not here to.

Dale Cardwell (34:27)

Hear me sus, but don't want to wait for that next episode. You don't have to unlock all episodes of Deadly Fortune ad free right now by subscribing to the Binge Podcast channel. Search for the binge on Apple Podcasts and hit subscribe at the top of the page, not on apple. Head to getthebinge.com to get access wherever you listen. As a subscriber, you'll get binge access to news stories on the 1st of every month. Check out the Binge Channel page on apple podcasts or getthebinge.com to learn more. Deadly Fortune is a production of Sony Music Entertainment and Waveland Road. I'm your host and reporter, Dale Cardwell. Jason Hoak wrote and produced the series. Our associate producer is Marnie Zambri. Production support provided by Tim Millard. Audio engineering by Shane Freeman. The original score for Deadly Fortune is by Thomas Avery. Jason Hoak is the executive producer on behalf of Waveland Road. Executive producers for Sony Music Entertainment are Jonathan Hirsch and Kathryn St. Louis. If you love the show, tell your friends and don't forget to leave a review. Thanks for listening.

Ryan Reynolds (36:10)

Cascade Natural Gas believes a warm home, hot water and natural gas energy should be available to everyone. That's why Cascade established the Oregon Low Income Bill Assistance and Energy Discount Programs. These programs provide income qualified applicants a discount on their monthly bill and if needed, help with past due balances. Qualifying for assistance is easy by calling Cascade or any of our partner community action agencies. Get complete bill assistance info@cngc.com help.