Stephen Maples (2:13)

Yeah. The last thing that she said before taking into surgery, before she was sedated, that, you know, Diane said that it was an accident.

Detective Darren Smith (2:25)

I'm still trying to figure out what happened. And I understand he's probably going through a lot with the situation with his wife, but was trying to see would it be best just to go through him to see if he would like to come in or I can meet up and talk about what happened.

Stephen Maples (2:41)

What part do you think is confusing?

Detective Darren Smith (2:47)

I need to get from him exactly what happened as well. I mean, I already talked to the driver obviously, but you know, in most cases, I like to get everybody's opinion on what happened, not just one sided. And the only person that would know that would be him. If, you know, if it's accident that happened or they hit a bump or something, I don't know. I wasn't in the car, but we know the gun went off. It's unfortunate the way it happened, but guns only go off one way that I'm particularly that gun. It's only going to go off when the trigger's pulled.

Stephen Maples (3:21)

You know as well as I do have triggers have guns go.

Detective Darren Smith (3:25)

They don't.

Stephen Maples (3:25)

Somebody puts her finger inside the trigger guard.

Detective Darren Smith (3:29)

Yes.

Stephen Maples (3:29)

And that is a very first. No, no. In all of life. I mean, I know television shows, you watch movies and everybody goes in. Yeah. Pull the hammer back, you know, and find, you know, a single action and they got their finger inside the damn trippy car.

Detective Darren Smith (3:48)

I know. You know as well as I do that's something the DA's office is gonna. Is gonna need is his. His side of the story.

Stephen Maples (3:57)

Yeah. And you know, the DA's office, that function is to prosecute. And so just about anything that he says is gonna be discredited.

Detective Darren Smith (4:09)

Not necessarily. I mean, we work well with those guys. I mean, I've. I've had similar cases before. I mean.

Host (4:16)

That same day, Detective Darren Smith received a call from Tex McIver.

Stephen Maples (4:22)

Mr. Smith, Detective Smith, this is Tex McIver.

Detective Darren Smith (4:26)

Hey, sir. How are you today?

Stephen Maples (4:28)

Oh, horrible.

Detective Darren Smith (4:29)

I know you guys are going through a lot right now.

Stephen Maples (4:32)

Oh, man. I say you're not here to hear me fuss, but I'm a Vietnam guy. I put boys in body bags, stuff. Nothing hurts like this.

Detective Darren Smith (4:43)

Can't even imagine.

Stephen Maples (4:45)

Oh, God, it's just awful. But anyway, I understand that we should come in to see you, or at least I should.

Detective Darren Smith (4:54)

That would be great. I didn't want to obviously call you today because of what was. What did.

Stephen Maples (5:01)

Just go on.

Detective Darren Smith (5:01)

So I want to thank you, give you guys a little time for that.

Stephen Maples (5:06)

Thank you. Just spent the day calling relatives. I mean, obviously you and I both know it's not a murder.

Detective Darren Smith (5:13)

No, no.

Stephen Maples (5:14)

We both know that it's not a voluntary mans slaughter. And you know, it's not. It's not that sort of thing. Now, Tex MacGyver is a senior partner with a very, very large. Well, it's the nation's largest labor law firm, Fisher and Phillips.

Host (5:34)

Tex and his lawyers were already building a wall.

Stephen Maples (5:38)

And there's no disagreement. This couple never argued. Never fault, never had any disagreements whatsoever. He's very, very successful. Of course, Diane was very, very successful. She worked for Billy Corey and.

Detective Darren Smith (5:56)

Well, ultimately, what happened.

Stephen Maples (5:58)

What I'm saying is he's not going to run it.

Host (6:00)

No, no, no, no.

Stephen Maples (6:01)

What I'm saying is if you decide. Yeah, if you decide if you want to take it to district attorney's office. If they want to look at it and they want to ignite for something, just give me a telephone call. I think the forensics are going to figure out exactly what happened.

Detective Darren Smith (6:20)

I know what happened. I just need to figure out why it happened. The forensics are going to say that this gun probably fired and this is where it went. But that still doesn't explain how the gun went off. Guns just don't magically go off on their own.

Host (6:43)

From Sony Music Entertainment and Waveland Road, you're listening to deadly fortune. This is episode four, the deeper you dig. Tex had continued to try and reach Danny Jo. This is when she finally had had enough and arrived at my house with her husband Tom. She was hiding from Tex. We discover that Tex wanted Danny Jo to leave the hospital that morning, wanting her to claim that she was not even with Tex and Diane. This was highly suspicious. Why in the world would he want Danny Jo to leave the hospital and pretend she wasn't with them? If Danny Jo leaves the hospital and is later discovered to have been part of it, her credibility is significantly harmed. So how do you believe anything she says? This would have allowed Tex to create a narrative that was more favorable to him. I call this Tex and the telltale heart. Tex continues to make decisions that arouse suspicion. Still grieving, Tex did agree to sit down with police to share his side of the story. This is Brett Zimbrick, who was immediately involved in the case.

Brett Zimbrick (8:30)

I was with the Atlanta Police Department for 33 years. 26 of those years I was in the homicide unit as an investigator. And prior to that, I did a year of undercover narcotics work as an investigator and then five years of uniform patrol. So the next day after the shooting, when I report to work, that's when I hear that there was an overnight shooting in a car. Victim died as a result of a gunshot wound. Husband is the individual responsible.

Host (9:05)

Brett was in the room the day Tex and his lawyer came in to speak with police.

Brett Zimbrick (9:10)

He's accompanied by two attorneys, his personal attorneys. Darren is the lead on the case, and I sit in the interview.

Host (9:18)

Darren is the detective you heard in the phone call earlier with Stephen Maples.

Brett Zimbrick (9:23)

The attorney was making it clear that this is what we're here for. We're going to have Tex explain what happened, how that got to that point. He's not going to be specific about right turns, left turns, where they were exactly, because he doesn't recall it. So please don't pressure him.

Tex McIver (9:45)

We went through an area I could describe my familiarity with it. But we went through an area I thought it was particularly dangerous at night. I'd seen police vehicles there. It's a route I take from my office to her office. Okay. And I see police vehicles there, the blue lights on. And they're doing things with people that are there and remember landmarks or anything. It was an underpass. Okay. It's best I, you know, it's very dark, but it seemed to me it was. And that's one that has a particularly high population, homeless people, at least in the daytime. But at night there's a lot of people there.

Jay Grover (10:25)

Okay.

Tex McIver (10:26)

And. And I quickly said, this is a big mistake and we're in a place that we don't belong. Right. And of course, here we are in a almost new SUV and two women in the front seat. They made a couple turns and things were not going well. We'll be on Piedmont shortly. And I said, you know, I'd like to, if you don't mind, please hand me my gun. He was in the center console. We've had some break ins in our office where the only thing they're looking for seems to be a gun. And so I, in response to that, I had wrapped my gun in a Publix grocery sack. So if you open the console, you have no clue what you're looking at. A flashlight. So Diane reaches in, pulls it out, hands it back to me, and by then we may have been on Piedmont. Anyway, I relatively satisfied that we're out of that kind of area.

Host (11:27)

Right.

Tex McIver (11:27)

And I guess I just laid back again and went to sleep. Danny Jo came to a stop and anyway, I just time to wake up, but she came to a stop and I was handling the gun. I realized it was in my lap. Right. And it went off.

Brett Zimbrick (12:02)

He came across as a little bit saddened. Obviously his wife had just died. And he appeared to feel remorse or some responsibility for that act. He was trying to relay to us that it was an accident. And he made a few comments to the effect that he wanted us to be sure that we knew it was an accident.

Tex McIver (12:32)

What do you remember after the gun was on the air, I immediately called out, I said, is everybody all right? And Danny Jo said, yes. Diane head was kind of slanted. She said, I've been shot. Words to that effect. And I immediately put my arms around her and tried to determine how bad it was.

Brett Zimbrick (13:01)

I think one thing that stood out to me was the fact that he made the comment in the interview that the doctors had told him that Diane had come to waste responsive and told the doctors it was an accident, which I I thought was kind of a weird, you know, why would she have come to regain consciousness only to say it was an accident? Very little else after that. But he made sure to say that, and if I'm not mistaken, he repeated it. He kind of admitted to being responsible for it, but wanted to make sure that the accident part of it remained in the forefront. Made us continually think about the accident word.

Advertiser (13:54)

Missing out on a show that everyone is talking about isn't an option for me. As a storyteller, I gotta keep up on all the stories. I'm constantly signing up for this streaming service or that one, and I always forget which one I signed up for and which one I'm still paying for. Getting Rocket Money was a game changer for me because they find your unwanted subscriptions and they help you cancel them so you never have to worry about them slipping through the cracks. Rocket Money is a personal finance app that helps find and cancel your unwanted subscriptions, monitors your spending, and helps lower your bills so you can grow your savings. Rocket Money has over 5 million users and has saved a total of 500 million in canceled subscriptions, saving members up to $740 a year. When using all of the apps premium features. Cancel your unwanted subscriptions and reach your financial goals faster with Rocket Money. Go to RocketMoney.com TheBinge today that's RocketMoney.com TheBinge RocketMoney.com TheBinge he was a boy.

Jay Grover (14:57)

Scout leader, a church deacon, a husband, a father.

Tex McIver (15:01)

He went to a local church. He was going to the grocery store with us. He was the guy next door.

Jay Grover (15:09)

But he was leading a double life.

Host (15:11)

He was certainly a peeping Tom, looking through the windows, looking at people, fantasizing.

Tex McIver (15:16)

About what he could do. He then began entering the houses.

Jay Grover (15:21)

He could get into their home, take something and get out and not be caught. He felt very powerful. He was a monster hiding in plain sight.

Tex McIver (15:30)

Someone killed four members of a family. It just didn't happen. Here.

Jay Grover (15:37)

Journey inside the mind of one of history's most notorious killers, btk, through the voices of the people who know him best. Listen to Monster BTK on the iHeartRadio app, Apple Podcasts, or wherever you listen to your favorite show.

Host (15:57)

As investigators had questions for text, Billy Corey had his own set of concerns about what had happened that night. And he wasn't the only one in the office invested in finding answers.

Narrator (16:09)

We were just waking up on that Monday morning and Tex called Jay. Jay had already gotten out of the bed and gone into the bathroom to get ready for the day. And he had just gotten up and gone in there.

Host (16:22)

This is Christy Phillips, the fiance of Jake Rover, who had worked for Billy Corey since he was a teenager.

Narrator (16:30)

And I heard his phone ring. I heard one side of the conversation. Of course, he was in the other room. So I didn't hear word for word what was going on, but I could. I could just tell from the tone, I guess, or you could sense some reaction. And I knew it wasn't good. I didn't know what it was. I didn't know who the phone call was from. I just knew it wasn't good. My first thought went to Mr. Corey. Something had happened to Mr. Corey. Naturally, just given, you know, his age, it wasn't. It was a very short phone call. He came out of the bathroom very quickly, and by that point, I knew something was wrong. So I had already sat up in bed and immediately met him with, what is it? And he said, it's Diane. She's gone. I said, what do you mean she's gone? He said, there was an accident and she didn't make it. She's gone. And he said, I gotta get to Mr. Corey. So he was immediately throwing on clothes and out the door. That was all I got.

Host (17:34)

Jay, Billy and Diane were all close. And the news shook Jay, too.

Narrator (17:41)

It was before noon that Jay called me and said it wasn't a car accident. She was shot. And then, of course, my brain's real. I'm like, what do you mean she was shot? You know, we had a million questions. But, yeah, at some point that morning, before noon, they knew that it was a, you know, a gun accident accident, and that Tex had done it. He was not forthcoming with exactly what happened, and he definitely repeatedly reiterated it was an accident.

Host (18:16)

Before becoming VP at Cory Companies under Billy Corey, Jay Grover had been a detective. He was a very, very sharp guy. Billy and Jay started to dig into the events of that night and Tex's story.

Narrator (18:31)

So pretty early, pretty early on, I think just literally the. The not forthcoming of what happened that day. When we were delivered the news very quickly into the next day, Jay was very much an observer, a listener, especially in something like this, where something was not right. You know, even if it had been an accident, this just wasn't right. This was horrible. So he was very in tune very, very early on, trying to get the details, the correct details pieced together and very quickly to the conclusion that this is not making sense. This is what we're being told is not adding up. That coupled with the Things texts were saying just weren't making sense. And then his actions, he started doing very strange things that just didn't seem normal for somebody who just lost their spouse for whatever reason, you know. But it was definitely by midweek, I think Jay was 100% convinced that this was not an accident. He was on a mission for Diane, a mission to get answers and the right answers.

Host (19:58)

While the police had interviewed Tex and the story wasn't completely clear, it didn't seem like the investigation would lead anywhere. After all, Tex said it had been an accident.

Narrator (20:10)

The initial investigation, questioning, I don't think. Well, I know wasn't. Wasn't going to go any further with the police department. They were done, shut, case closed, were done. It was an accident. Move on to the next one was the way they pretty much handled it. It would have been left alone. It would have been left at that had it not been for Jay going to DA Rucker and saying, no, you need to look at this. And by that point, he had already gone into full detective mode.

Host (20:45)

Bill told me in interviews that texts suggest to Bill that the reason that he had the gun in his possession was, is because they took an exit off the interstate that was in a dodgy part of town. And that Tex wanted Bill to put it out there. To the Atlanta Journal Constitution and other media sources that he feared for his life and his wife and his friend's life because of Black Lives Matter protests. In retrospect, this is like our modern day news bubble. Folks that live in an environment where this is a plausible explanation to them with no awareness of how volatile that kind of claim would be.

Jay Grover (21:30)

Jay believed from that morning at his home that it was intentional and that things did not add up. He was a former DeKalb county police officer, former Rockdale county police officer, I believe, sheriff's deputy and a detective. And whereas I was watching this unfold and being shocked that this longtime family retainer lawyer was destroying himself, Jay's take was this was intentional. There was a plan. And, you know, when did it start? And so they started looking for things like the second will and motive. And like I said, Jay and I are friends of four decades. And I remember the conversation with him about this and saying, I'm not going to help Tex anymore. I'm not going to be a spokesman anymore. But my story isn't going to change because I wasn't there. I wasn't in the car. I can only relay what was told to me. And as crystally clear as I can, I will repeat what was told to me assuming, at least at one point in time, that was, you know, I recommended the night of, the night of that first conversation. Let's get a video camera. Let's get you to lay every detail you remember about that entire day out now. Give it to the Atlanta Police Department, give it to the District Attorney's office. And for your own purposes, you'll have a consistent story to fall back on and rely on. Your memory will fade. Who knows how this is going to play out? He wouldn't do it. And he wouldn't stop talking and changing his story and talking to everybody. I mean, there were different versions with Jay, with Mr. Corey. Yeah.

Host (23:11)

He decides he's going to sell all of Diane's belongings, her jewelry, her hats, her dresses, as quickly as he can. He makes this decision within two weeks of her death and sets the auction for December, which would have been eight weeks, 12 weeks after her death. This infuriates Billy Corey. You're selling off all of Diane's possessions. It continues. Tex refuses to go to the funeral home to collect Diane's cremains, telling the funeral director, I'm waiting for the estate to make funds available for that purpose. We're talking a couple of thousand dollars. Tex allows Diane's cremains to stay in a cold building in Conyers instead of going to collect them. J. Grover's theory about this, that Tex doesn't want Diane in their condo living or dead. Jake Rover's other theory. Tex wants to get all of her possessions out of the condo. And he certainly doesn't want Diane's cremains in the condo. He's gotten rid of her. He wants to stay rid of her. At this point, Jay is having conversations with the Atlanta police homicide detectives who truly wanted to believe it was a tragic accident. And then, curiously, Tex, without anyone suggesting he do so, schedules a polygraph test just two weeks after the shooting. Tex did this of his own accord. Law enforcement didn't ask him to do it. And remember, Tex is not under arrest. Crane didn't understand why Tex was doing the things he was doing.

Jay Grover (25:03)

I thought, this is. He's getting bad legal advice. When I saw the interview that he did with the Atlanta Police Department and his own lawyer, trying to explain how the gun went off without pulling the trigger. I have an almost identical handgun to that.38 myself. It doesn't fire itself. You can throw it at the floor or the ceiling or drop it off a one story building. It's a revolver. It doesn't. And watching his attorney insist that Texas Fingers weren't on it. And this. So initially I thought, he's just getting bad. Cancel things like the estate sale. And so I wasn't seeing him in person every day, but I would call him and I would text him, like, what are you thinking? And it was not a short series of. I mean, he, as an example, told me that he'd had nothing to drink that day. And Diane perhaps had more to drink. She liked her wine, but they had both had wine on the golf course and I believe beer, bike tax on the golf course. And then at dinner, they finished one bottle and the second bottle was in front of him in the back seat of the car. And who knows who had what. But again, I was saying to him at the time, you weren't driving. Why didn't you tell the police you're 75, what, six years old at the time, you take medication to sleep, you have narcolepsy, and you'd had a few as a, you know, relating to your own defense. But until it was demonstrated otherwise, he was telling people he didn't. He had had nothing to drink. And so what I told him, I can't continue talking or speaking on behalf if I think you're lying to me. I can't credibly do this job. And you're harming. And he was your own defense. Because once you cross that line of away from documented truth and fact into either fiction or outright intentionally misleading people, not only does your credibility go away, but your bargaining authority, you know, that you might have, whether it be a district attorney's office solicitor, land of police department starts to vanish if they believe you're being disingenuous or dishonest.

Host (27:09)

Jay went back into detective mode and poured himself into the case. He was frustrated that the vehicle was back in Texas possession. And we had a conversation about that. And it was our understanding at that time that there had not been any kind of plumb line test of that seat to see the trajectory of the bullet because it just appeared that it was a tragic accident. So Jay and I make an agreement. I'm going to call jd, Danny Stevens, and I'm going to say to jd, somebody needs to take a look at the angle of that bullet in the seat. And Jay calls someone in the DA's office and something changes, something happens to where. Now all of a sudden, there's curiosity about recovering the vehicle. As Jay, Billy and I continued to try and understand what really happened that night, there was a tone change from the District Attorney's office. Hey, I'm Ryan Reynolds.

Advertiser (28:08)

Recently I asked Mint Mobile's legal team if big wireless companies are allowed to raise prices due to inflation. They said yes. And then when I asked if raising prices technically violates those onerous two year contracts, they said, what the F are you talking about? You insane Hollywood. So to recap, we're cutting the price of mint unlimited from $30 a month to just $15 a month. Give it a try@mintmobile.com Switch $45 upfront.

Narrator (28:32)

Payment equivalent to $15 per month. New customers on first 3 month plan only. Taxes and fees. Extra speed slower above 40 gigabytes. ET details how to have fun anytime, anywhere.

Advertiser (28:40)

Step one, go to chumbacasino.com chumbacasino.com Got it.

Host (28:44)

Step two, collect your welcome bonus. Come to papa. Welcome bonus.

Narrator (28:48)

Step three, Play hundreds of casino style games for free.

Host (28:51)

That's a lot of games, all for free. Step four, unleash your excitement. Woo hoo Cha Chumba.

Narrator (28:57)

Chumba Casino has been delivering thrills for over a decade. So claim your free welcome bonus now and live the chumba life. Visit chumbacasino.com ETW Group no purchase necessary. Void, but prohibited by law. See terms and conditions 18.

Brett Zimbrick (29:07)

Plus the media sensation about him having a garage sale or an estate sale with all of her clothes and jewelry and all that stuff. You know, like I said, the optics are bad on that. I mean, people, you know, do dumb shit all the time. I'm not sure at what point the District Attorney decided to jump in with both feet. The District Attorney's office decided to jump in with both feet. But as the investigation proceeded from the Atlanta police perspective, the District Attorney's office was made aware of what we had uncovered, what we believed based on what we saw, our experience, the evidence that we had, the interviews that we've conducted, you know, that everybody had a big question about why did he go to Emory Hospital as opposed to going to Grady Hospital. There's obviously an entrance hole at the back of the seat and an exit hole at the front of the seat. And then based on autopsy, the entrance hole in the body of Diane, you could basically put the body back into the seat based on that alone, or you would have an approximate position of Diane at the time that the bullet entered her body. So the processing of the vehicle, the recovery of the gun, all that stuff was probably done fairly early in the investigation. I'm not sure what triggered Fulton county to become exceptionally interested. We would discuss it as a group and the detective, the lead detective in the case, would make the presentation that this is what I believe we can back up, if it goes to trial, the involuntary or the reckless conduct, which included the involuntary. And what other misdemeanor gun charge there was, was what we, the Atlanta Police Department, the homicide unit, and the lead detective believed we could justify at trial.

Host (31:23)

Even more information starts to pile up about Tex's financial situation. He had lost his status as partner at the labor law firm he worked at, Fisher Phillips, and with that, a pay cut. For a man as proud as Tex, this was humiliating. On December 21, 2016, Tex MacGyver was charged with involuntary manslaughter and reckless conduct in the shooting death of his wife Diane, consistent with the theory that her death was an accident, not a cold blooded murder. Police issued warrant for prominent attorney Tex McIver. Iver is accused of shooting his wife near Piedmont Park. An APD is charging Tex McIver with a felony count of involuntary manslaughter and a misdemeanor count of reckless conduct. Ten days after he is charged. On New Year's Eve 2016, police discovered that Tex owes Diane $350,000, and that money is due in just a few days. And she had already extended the note once before. But Tex only has approximately $20,000 to his name, deposited in four different bank accounts. Was Tex about to be exposed as broke and in Diane's eyes, a failure? Could this ruin their marriage? And how would Diane have looked at it?

Narrator (33:03)

The attorney accused of murdering his wife owed her thousands of dollars, hundreds of thousands of dollars, and could have lost his interest in the ranch they owned together.

Jay Grover (33:15)

Prosecutors say Tex McIver owed his wife.

Host (33:18)

Diane $350,000 at the time of her.

Jay Grover (33:22)

Death and that he used part of.

Host (33:24)

His interest in their Putnam county ranch as collateral. They say he stood to lose all of it if he didn't pay up. Next time on Deadly Fortune.

Jay Grover (33:46)

None of them wanted to believe that.

Host (33:48)

Tex was what he was or what.

Tex McIver (33:51)

He is, and only God knows for sure.

Host (33:56)

Then I'm like, oh, hell no. Everything that came out from that point on, I would dedicate them sideways.

Narrator (34:04)

You know, lots of people denied there was a will, but nobody could ever find the will.

Jay Grover (34:11)

To me, it was just another peculiar thing that happens when someone dies. Your wife dies right in front of you. There's gonna be a lot of odd things that happen. We begin with breaking news from the.

Host (34:22)

Tex McIver murder trial.

Jay Grover (34:23)

After four days of deliberations, the jury. You can't change facts, and you can't change physical evidence. You can change a witness. You can't change physical evidence. I think there's more to that story.

Brett Zimbrick (34:35)

That hasn't been told.

Host (34:36)

Yes sir. 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 Hoke is the Executive producer. On behalf of Waveland Road. Executive producers for Sony Music Entertainment are Jonathan Hirsch and Catherine St. Louis. If you love the show, tell your friends and don't forget to leave a review. Thanks for listening.

Narrator (36:18)

Work takes up most of your time. That's why you should use stamps.com to save time with your mailing and shipping and have flexibility to focus on more important things. Stamps.com can handle all your mailing and shipping needs with rates up to 88% off. USPS and UPS. Add flexibility to your day with stamps.com Go to stamps.com program to sign up for a special offer. No contract cancel anytime. That's stance com program.