Loading summary
Transcript117 lines
- [00:01]
Seren Jones
Honestly, for almost a year now, I want to say I've really been taking my health and wellness journey seriously. You guys have heard me talk about it a ton on here and on my Instagram and I have to say I've seriously never been as consistent with my workouts. And every day I've been making it a point to prioritize my protein intake. There are so many ways for us to hit those daily protein goals, but for me, the biggest game changer has been protein powder. And let's be honest, some protein powders are kind of gross and finding one that actually tastes good and is good for you is really not that easy. I spent a ton of time searching for the right one and went through a lot of trial and error before I found one that actually tastes good while also being good for you. Through that is how I discovered today's sponsor who I am obsessed with and couldn't be more excited to work with. Because no joke, I use their protein powder every single day. It's Clean Simple Eats. You guys, when I say it's delicious, I really do mean it. I add their Simply vanilla powder to my smoothie every single morning. When I want a healthy dessert, I make this ridiculously easy microwave mug cake with their chocolate brownie batter protein powder. Oh my God it is unreal. I love Clean Simple Eats protein powder because whether you're sneaking into meals, snacks or desserts you already love, or just trying a new recipe, it is so easy to incorporate it into your diet. I also love that Clean Simple Eats protein powder is grass fed, free of seed oils and artificial ingredients. Third party tested non GMO and gluten free plus each serving has 20 grams of protein. Visit cleansimpleats.com and use code LIPSTICK10 at checkout for 10% off your order. That's cleansimpleats.com code LIPSTICK10 for 10% off your order.
- [01:32]
Dale Cardwell
Listen to all episodes of Deadly Fortune ad free right now by subscribing to the binge. Visit the Binge channel on Apple Podcasts and hit subscribe at the top of the page or visit getthebinge.com to get access wherever you listen. The binge feature True Crime Obsession.
- [01:52]
Bill Crane
The Binge.
- [02:04]
Dale Cardwell
What had initially been considered an accident was now a serious and somber reality where the story that Tex had told investigators now just didn't add up. Here's Detective Mike Smith.
- [02:19]
Bill Crane
I mean again, everybody wants to believe.
- [02:21]
Jay Grover
Texas, so they wanted to believe text.
- [02:24]
Bill Crane
So they didn't want to disprove the story depends upon how you do an investigation and These officers are the best homicide unit probably in the country. Hardest working group of guys I've ever been around in my life. And they eat, sleep, and breathe this stuff, and they want to do the right thing. None of them wanted to believe that Tex was what he was or what he is, and only God knows for sure. Mostly they're doing ghetto homicides. Mostly they're doing drug homicides. I'm sure they wanted to believe Tex as much as they could, and they started an investigation. They tried to listen to text, and they got to thinking about it, and I think they decided that they couldn't listen to text. And Tex was a very articulable, very bright young man, a brilliant lawyer, corporate lawyer. So, you know, he dealt with the upper end of society the whole time. Police officers, typically, we don't deal with that level of people. Typically, we're dealing with the bottom of society. And here we are dealing with the top edge of society, which makes it a little bit of a problem. Texas was top edge society. Diane was top edge society. So everybody involved in this thing was top edge society that nobody's used to dealing with.
- [03:58]
Dale Cardwell
Whatever the case, Tex McIver was indicted on April 27, 2017, headed to one of the highest profile murder cases in the south in decades. Make no bones about it, prosecutors believed that Tex McIver murdered his wife.
- [04:17]
Bill Crane
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 that hasn't been told. Yes, sir.
- [04:33]
Dale Cardwell
From Sony Music Entertainment and Waveland Road, you're listening to Deadly Fortune. This is episode five Judgment Day. Here's Bill Crane talking about J. Grover's relentless quest to find the truth and honor his friend Diane's name.
- [05:08]
Jay Grover
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 and I are friends of four decades, and I remember the conversation with him about this and saying, you know, 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. He wouldn't do it.
- [06:17]
Dale Cardwell
I had originally deliberated telling this story in book form, and I interviewed Jay Grover as I started to document it all. Here's Jay from 2022 in his own words.
- [06:29]
Bill Crane
I didn't want to initially believe that it was anything but just a horrific, tragic accident. But. But I'm going to tell you, it didn't take long before. And I don't know whether it's, you know, maybe it's that police officer coming out and me. Maybe it's just human nature. Maybe, you know, I don't know, but it didn't take long that it's like, well, wait a minute, you know, hold on. Just say that that doesn't make sense. Every day there was a new detail.
- [07:01]
Dale Cardwell
That came out that.
- [07:03]
Bill Crane
That just this. It was just.
- [07:06]
Dale Cardwell
Did not make sense.
- [07:09]
Bill Crane
And by the time that it came out about the. The. The gun, that it was a damn shrouded hammer revolver, then I'm like, oh, hell no. Everything that came out from that point on, I looked at it damn sideways, you know, it just. It just did not make any damn sense. We knew nothing about his. His depleted financial resources and all until it came out in trial. I mean, we just. Which we just didn't know that that was. Those were bombshells to us.
- [07:52]
Dale Cardwell
I saw, along with so many others close to him, that his endless quest began to take a toll on Jay. He had already lost his own son, and now that Diane was gone, too, it was just too much. Here's Jay's fiance, Kristy Phillips.
- [08:09]
Seren Jones
Jay was never the same. He was never the same. Jay was a very, very strong, happy person. I mean, you know, I've probably never.
- [08:23]
Kristy Phillips
Seen Jay break down as much.
- [08:28]
Seren Jones
The only other thing that I'd seen Jay get as emotional about was anything.
- [08:32]
Kristy Phillips
To do with his son.
- [08:33]
Seren Jones
Yeah, it was on that level.
- [08:35]
Dale Cardwell
Yeah.
- [08:36]
Kristy Phillips
So losing Diane was right there with losing his son.
- [08:39]
Dale Cardwell
I would visit the Cory offices, and I would describe it like a morgue.
- [08:44]
Bill Crane
Yeah.
- [08:45]
Jay Grover
Still is to this day.
- [08:46]
Dale Cardwell
And Jay had to go show up there every day. Yeah.
- [08:49]
Kristy Phillips
No, it. It definitely took a toll on Jay.
- [08:53]
Jay Grover
And I'll Even go so far as.
- [08:55]
Bill Crane
To say it's probably what led to his demise.
- [08:59]
Seren Jones
He was not taking care of himself. And I think it was all a contributor.
- [09:05]
Dale Cardwell
I still can't believe J. Grover is dead. He was one of my closest friends, and I'm still grieving his loss. And even now, he's so important to this story and uncovering the truth. Tex MacGyver was having money problems big time. Remember, Tex had already sold off Diane's jewelry and belongings just weeks after her death. And he had left her cremains at the funeral home, saying he wanted to wait to pay until her estate was settled. And now, headed into the trial, it was discovered he owed Diane $350,000. And it had come time to pay up, and Diane wasn't going to let him off the hook this time. You see, Diane was worth millions. And as Jay Grover and others discovered, there was another shoe yet to drop.
- [10:05]
Jay Grover
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.
- [10:18]
Dale Cardwell
Here's Rachel Stiles, Diane's former co worker and close friend.
- [10:24]
Kristy Phillips
Well, the secretary that they had at the Cory office was going out for some search surgery. And Diane calls me up. This was like in September. And she says, you know, could you come and help us out for a couple of weeks while, you know, she's recuperating from her surgery? And I thought, well, September, you know, I'll be through by Christmas. So, you know, you know, yeah, I'll come help you. Well, it lasted almost four years, not just a couple of months, you know, And Diane, you know, she knew she could always trust me. You know, whatever she wanted done, Rachel could do it for.
- [11:01]
Dale Cardwell
Before Diane's death, it seems she had created a secret second will that now included provisions for her godson, Austin, one that could now reduce what Tex might receive in the case of her untimely death.
- [11:16]
Kristy Phillips
She came out to my desk during lunch. It was 12:30 or so, and a lot of people had gone to lunch. And she says, I need you to make some copies of something for me. So we walked back to her office. She hands me these papers, and she said, I need two copies made. And I said, okay. So I walk into the copy room, put the papers in there, made the two copies, and walked back. I didn't dare look at them because if Diane had saw me reading, I didn't know what it was. And I knew they had been negotiating to sell the billboard company. And when she said that she couldn't trust anybody else. She didn't want the employees to know that they were in that negotiation. So I take the papers back to her, and when I handed them to her, she thanked me profusely and said, thank you so much. This is my new will. I had no clue what was in it and did not care. But I thought, you know, she has trusted me with something that was very, very personal to her.
- [12:23]
Dale Cardwell
Did you ever have any idea what the purpose of the second will was?
- [12:27]
Kristy Phillips
Well, when they made the first will, Austin, their godson, was not born. They made it in 2006, after they got married in 2005, and they made their will in 2006. And then when Austin came along, I knew that Diane wanted to make provisions to take care of it because, you know, she was the godmother of this child. I think she certainly wanted to make sure Tex was taken care of, too. You know, lots of people denied there was a will, but then there was conversations that it was never signed, but nobody could ever find the. The whale.
- [13:19]
Dale Cardwell
Tex comes home, and Tex is in the condominium for a day or so before the police really get involved. You think there's any chance Tex took possession of that will?
- [13:30]
Kristy Phillips
That will never was in the. At the house. It was in a safe at the office, if it was not destroyed.
- [13:43]
Seren Jones
It's 1998, and petty thief Daniel Blanchard is about to carry out the heist of a lifetime, stealing a crown jewel, the last remaining CC star. But what happens when ambition becomes obsession? Because what Daniel doesn't know is that no star stays lucky forever. I'm Seren Jones, and this is a most awesome, audacious heist. Listen on Apple Podcasts, Spotify, Amazon Music, or wherever you get your podcasts. It's 1998, and Petty Thief Daniel Blanchard is about to carry out the heist of a lifetime, stealing a crown jewel, the last remaining CC star. But what happens when ambition becomes obsession? Because what Daniel doesn't know is that no star stays lucky forever. I'm Serron Jones, and this is a most audacious heist. Listen on Apple Podcasts, Spotify, Amazon Music, or wherever you get your podcasts.
- [14:48]
Dale Cardwell
It's March 2018, and headlines are splashed across network news and newspapers nationwide. Tex MacGyver's trial is starting. He's been charged for malice murder in the death of his wife Diane, along with six additional charges. As the frenzied coverage continues to build in this trial of the century set in downtown Atlanta, I can't help but think back to the good Times we shared before the tragedy. So many questions pop into my head every morning as we get closer to the start of the trial. What happened? What did I miss? Did Text do this on purpose? And where do we go from here? I also realized that the close circle we all once had has been permanently broken, never to be repaired. Money, power, influence. These were the worlds that Texan Dianne McIver lived in. They were both wealthy separately when they got married and had kept their finances separate. They shared a swanky condo in buckhead and a 75 acre estate out in Eatonton. Life, it seemed, was good. Prosecutors now had 30 boxes of financial records, several computers, and were in search of the mysterious second will. Prosecutors, considering the motive behind the shooting, believed these finances were behind it all. The question that everyone in the courtroom considered when Tex McIver's trial started in March of 2018 was not whether Tex McIver fired the gun that killed his wife, Diane. The real question was, did he do it intentionally?
- [16:45]
Bill Crane
He was not in my field of law. He had nothing to do with criminal practice. I didn't even know he existed. I read the papers like everybody else did. I became fascinated with the case. And when Bruce called me up, you know, I was on vacation over Thanksgiving. I said, I'll be there in 30 minutes.
- [17:01]
Dale Cardwell
This is Don Samuel, who was on Texas defense team for his murder trial in 2018. Bruce is Bruce Harvey, his fellow lawyer on the case.
- [17:12]
Bill Crane
I felt, you know, it was a fascinating case. You know, there was fascinating issues in it. I like Bruce a lot. Bruce and I have worked on a number of cases together already by them. Lawyers like taking cases that are in the public eye. So I didn't do it for free. Well, I'm not necessarily privy to everything that happens in the DA's office, but Paul Howard and Clint Rucker, both of whom I've known forever. Clint is now in my law firm. I assume, you know, that we work together, but at the time he was in the DA's office, and I think they were suspicious of some of the same things that the public was. Why. Why is he selling all her jewelry, like, within a matter of weeks? Why is. Why is he asking people about Social Security benefits, you know, 24 hours after she's died? Why does he have a gun loaded with the trigger pulled, you know, in the car? And they really. I think they really came to believe it was a case that needed to be tried, needed to go to the jury. I don't agree. I don't think it was a case that should have been tried. I Think, you know, it should have been tried as an involuntary manslaughter case. That's what the. That's what the allegation should have been. You know, reckless endangerment. You know, you can get 10 years on that. I think that would have been a fair way to prosecute this case to begin with.
- [18:39]
Dale Cardwell
Billy Corey was in court every day, as was J. Grover. Billy was quiet. Most didn't even know who he was. He had been a driving force to find out what really happened to Diane that night.
- [18:54]
Jay Grover
You know, most people who were in the room who attended, he was there with Danny, Joe Carter, and a couple of other members of the company, and I believe, Jay Grover. Every single day of that trial. He sought no interviews, he sought to give no comment. He wanted to witness it. He did. But most of the people in the room didn't know. I mean, certainly they did in the DA's office, and certainly the defense did, but most people in the room didn't know who he was.
- [19:20]
Dale Cardwell
Emotions were raw in the courtroom as Billy Corey, J. Grover and others attended each of the 27 days of the trial.
- [19:31]
Bill Crane
You know, there's always going to be grieving family. There's always going to be grieving people, victims, families. Some are rational, some are not rational, some have political pull, some don't. Some may make the DA nervous about, you know, come election time. I'm sure Billy Cory was adamant that he should be prosecuted, but I don't hold that against him any more than I would hold it against, you know, a spouse of someone who dies in a. In a car wreck and even though it was an accident, says, I want.
- [20:04]
Dale Cardwell
The death penalty in this story. I've been a reporter, political hopeful, friend of the inner circle. But now I also had to play a new role witness in a murder case. I testified in the case that from my point of view, Tex and Diane did not have a perfect marriage. It was not easy to see Tex in the courtroom that day. It was not easy to see Billy and Jay. This close circle was now bound by these necessary and horrible circumstances. Having been so close to Tex in the disastrous lead up to the trial, Bill Crane says he was feeling the heat as well.
- [20:46]
Jay Grover
Two days before trial, to not testify to this, to not say it again. And then a representative was sent to my uncle. That was not entirely threatening, but it was implied. And I just called his lawyers, who I do know, and I said, the last time before trial, if you bother my uncle again, if you reach out to any family member, you get a phone call to me on this issue, which. I'm not going to lie for you, I'm not going to lie to the court. I'm going to start remembering things from an earlier point in Texas life that will not be helpful.
- [21:20]
Dale Cardwell
And Wendy Edson discovered something she didn't know when she was called to testify about Diane's jewelry.
- [21:29]
Kristy Phillips
First time I've ever testified in any type of case in regards to the things that we do, providing funeral service.
- [21:36]
Bill Crane
Arrangements or cremations, I think it was an overall.
- [21:41]
Kristy Phillips
I don't know, maybe the perception of how Mr. McIver may or may not have been acting. Everybody grieves differently.
- [21:49]
Seren Jones
When you went to testify, was that the first time that you saw the jewelry catalog?
- [21:55]
Kristy Phillips
Yes, first time I saw the catalog, yes.
- [21:58]
Seren Jones
Are you saying that when they showed.
- [22:00]
Kristy Phillips
You the catalog, that's the first time.
- [22:02]
Seren Jones
That you realized that they were. That those were sold?
- [22:07]
Jay Grover
Yes, yes.
- [22:09]
Kristy Phillips
I'm just speaking for myself.
- [22:11]
Bill Crane
If I had lost someone that I.
- [22:13]
Kristy Phillips
Loved.
- [22:16]
Bill Crane
That would be the last thing I would think of, would be selling.
- [22:21]
Seren Jones
Their personal items, especially because, you know.
- [22:25]
Bill Crane
As women, we love our jewelry.
- [22:28]
Dale Cardwell
The Black Lives Matter narrative hung over the trial, too, which does not sit well with Don Samuel.
- [22:36]
Bill Crane
Well, you know, it was due to things that. That tech said and the whole issue with Mr. Crane's, you know, public relations issues. I thought it was exploited totally inappropriately, the judgment. But the case really had nothing to do with race. I mean, a white defendant, a white wife, everybody was, you know, Caucasian in this case, was white. So why would race have anything to do with this case? So it's because of an offhanded remark he made or didn't make one way or the other about why he felt endangered, you know, downtown Atlanta at night. I bet there's a lot of people who feel somewhat endangered in downtown Atlanta at night. I'm not crazy about walking around sometimes. I wouldn't let my kids walk around. It's not because of race, but Texas is a Southerner. I didn't grow up in the south, so that's not the way I would describe my fear. But it had nothing to do with the crime at all. At all. I'm not sure I can understand how to put together. He should have talked and kept his mouth shut, probably one or the other. You know, the comment he made to Danny Joe or the jury found that he did and Danny Joe said he did, about pretend you weren't here is so nonsensical. It would be as if I walked out the door here right now and said, dale, do me a favor. Tell everybody I Wasn't here. We're on camera. You're taping me? I mean, he drives, you know, he's in the backseat of the car that pulls up in the ER in Emory. He gets out, all the nurses are there. He's helping everybody out. Danny Jo is driving. Why would he tell her? Pretend you weren't here. It's completely illogical. Obviously, if he said it, and I'm not convinced he did, to me, it was just another peculiar thing that happens when someone dies. Your wife dies right in front of you, you know, at your hands. There's going to be a lot of odd things that happen.
- [24:37]
Dale Cardwell
But what did text deserve in Don Samuel's mind?
- [24:41]
Bill Crane
Well, you know, I'm not sure I can give a great answer. I think it was apparent to everybody at the outset that this. It just made no sense that this was a malice murder or a murder. It was obvious that he had the gun in his hand. It was undeniable. It's undeniable. The gun shot. It's undeniable. The bullet went through the back seat, and he is the cause of Diane's death. It just wasn't an issue. So, you know, that doesn't mean you have to immediately mount a malice murder investigation. You need to take DNA samples everywhere. You need to figure out where the gunpowder is, where the gunshot residue is, where the. You know, I'm not sure that's necessary. Every time you think it's absolutely obvious that it was an accident. I'm sure there are hundreds of accidents that don't get investigated as murders. And I think that's what the police department viewed the case as being without a whole lot of doubt. You know, you all had suspicions based on very odd circumstantial evidence. I mean, by time we went to trial, there was this myth that there was a second will. Maybe you believe there was a second will. Maybe, you know, one person was told at one point. Nobody ever found a second will. Nobody ever found a lawyer who drafted a second will. Nobody ever had any evidence that Tex was aware of, saw, or, you know, was motivated by a second will. So, you know, and then the trial was, well, why did they go to Emory? Can you imagine that? That being a reason we should prosecute him for murder? Not because he went to Emory rather than Grady. It's not that that was. But that shows he didn't want her to get care. He drove her to Emory, rather.
- [26:23]
Seren Jones
Hey.
- [26:28]
Bill Crane
There'S a million things in life that are hard to explain. And to jump from that to these odd things, they all add up to malice murder. And then you ignore he's in the car with her best friend. Why would anybody shoot through the backseat of a car that's full of metal? You know, all the stuff that's inside of a fancy car with a best friend in the. I can't understand how anybody can ignore all that and say, oh, but he sold her jewelry, so obviously he's a murderer. Or he called the wrong PR person, so he's obviously a murderer. I don't buy it. I just don't. If I were a juror hearing this case, I would have said, let's talk about how negligent it is to have a gun in your lap. That's what we're fighting over here, folks. Is it reckless or is it negligent?
- [27:22]
Dale Cardwell
The defense went to great lengths trying to convince the jury that Tex and Diane had the perfect marriage and that they loved each other deeply. What did I see? Diane was Maude to Texas Arthur. Think 1970s television where Maude is the overbearing wife to husband Arthur's smaller personality and stature. Think of Lucy and Charlie Brown when Lucy pulls the football away at the last moment and laughs every time she does it. While I saw love, I was also in my own uncomfortable situations where Diane would call Tex an idiot, demeaning and belittling him in front of an audience. It was demeaning, but Tex would smile and say, yes, darling, was this a couple spat or something deeper? I also believe that Tex knew Diane was worth millions, despite his claims that he had more money than her. And it turned out she was worth millions more than Texas. It became a factor in the trial.
- [28:29]
Bill Crane
I'm Natalia Melman Petruzella and from the BBC. This is Extreme Peak Danger, the most.
- [28:37]
Seren Jones
Beautiful mountain in the world. If you die on the mountain, you stay on the mountain.
- [28:43]
Bill Crane
This is the story of what happened when 11 climbers died on one of the world's deadliest mountains, K2. And of the risks will take to feel truly alive. If I tell all the details, you won't believe it anymore.
- [28:58]
Kristy Phillips
Extreme Peak Danger. Listen, wherever you get your podcasts, when.
- [29:04]
Dale Cardwell
A body is discovered 10 miles out to sea, it sparks a mind blowing police investigation.
- [29:10]
Bill Crane
There's a man living the Isidras in the name of deceased. He's one of the most wanted men in the world.
- [29:17]
Dale Cardwell
This isn't really happening.
- [29:18]
Seren Jones
Officers finding large sums of money.
- [29:20]
Jay Grover
It's a tale of murder, skullduggery and international intrigue.
- [29:25]
Bill Crane
So who really is he?
- [29:27]
Dale Cardwell
I'm Sam Mullins and this is Sea of lies from CBC's uncover available now. The prosecution closed their case.
- [29:37]
Seren Jones
We know by way of the evidence that this is not an accident. This is not a malfunctioning gun that just went off. The gun has been sitting in this courtroom for all these days with no issues. And it had no issues that night. You heard the testimony of many witnesses about that. This is no accident. Under the laws of this state, we are not required to prove premeditation of any kind. And under the laws of this state, we are not required to prove motive. In this case, though, you have evidence about the motive of the defendant, his state of mind at the time that this killing was done, and the judge is going to tell you the evidence of motive, if any, in this case had been admitted for you to determine that the defendant's state of mind when this actually happened. In this case, we know that the defendant was under pretty extreme financial stress, that he was living up here and earning down here. He wasn't willing to make a change to that lifestyle. We know that the ranch was his pride and joy, and that ownership of the ranch had changed over the years because now Diane McIver was on the deed and she had a different intention. All of those things can be considered when you are determining the defendant's state of mind at the time of this killing. If this killing is done with malice, no matter how short of time that developed, then it is murder. Under the law, malice can be formed in an instant. In an instant. It can be formed the moment that your hand wraps around that trigger. We know that he shot her by squeezing that trigger using 12 pounds of force.
- [31:32]
Dale Cardwell
Don Samuel stood in front of the.
- [31:34]
Bill Crane
Jury in the opening statement, Ms. Griffin said that this was a planned, intentional and calculated murder. That's the first position the state took, was it's a well planned, deliberate murder. Was the shooting planned, intentional, calculated? Like Ms. Griffin said, that's one option. Second option is did he decide at 10 o'clock on a Sunday night after a pleasant weekend at the ranch and dinner at Longhorn Steakhouse, to kill the woman he loved? That's the other theory they've developed. That she nagged him, that she complained about his weight, that she yelled at him in the car about not going to sleep. And then, Ms. Congruence, you can form mouse in an instant to suggest that this perhaps is the option. Okay, don't worry about all the pre planning. As long as when the gun was fired, he intended to kill. That's enough. So it's got to be one of those two, ultimately, is the state's theory, either it's a well planned, deliberate planned, intentional, calculated murder or something snapped at 10 o'clock at night driving up people. If you're going to murder someone, I just please, just use some common sense. If you're going to murder someone, why do you shoot her in front of her best friend? Why would you do that? Come up with one reason. Improbable. If this was an intentional, methodical, calculated, well planned out murder and you're going to convince your wife somehow, maybe through ESP or some kind of mental game. He's got a Jedi, whatever. You know, I'm going to convince my white wife telling Dr. Harley he was an accident. He was an accident. That's what happened in the car. That none of the facts support the state's theory that this is well planned out, intentional. None of them did. You don't need 16 deaths. Here's the last one. Why don't they have a motive that makes any sense, A consistency. There is something that makes sense here. Their arguments about money are not accurate. Their arguments about being picked on are ridiculous. Trivial states argument in this case basically. And Mr. Rucker will surprise us all and educate us all about what their real theory is going to be. But it's essentially based on speculation and red herrings. Speculation. There must have been a second will. Speculation. She must have been getting ready in four quarters on the 350,000. Speculation. They must have been arguing in private. It must have been all these private arguments that none of the friends know about that's going to convince you beyond reasonable doubt to speculate that all the evidence we heard in here was not the real case. It's the things we don't know about that supports guilt that we lose. If Mr. Rucker can convince you to speculate about 20 or 30 different things, none of which we've heard any evidence about, then we lose.
- [34:57]
Dale Cardwell
The jury sent a note back on the fifth day of deliberations saying it was unable to reach a verdict as to intent on the indicted counts of malice murder, felony murder, aggravated assault and influencing a witness. After an extended discussion with counsel, the trial court gave the jury a slightly modified pattern Allen charge. Just hours later, the verdicts had been reached. Texas fate was now sealed.
- [35:33]
Bill Crane
Juror 20, I would like you please to publish the verdict, which means read the verdict into the record.
- [35:41]
Jay Grover
On count one, murder, we find the defendant not guilty. On count two, felony murder, we find the defendant guilty of felony murder. On count three, aggravated assault, we find the defendant guilty. On count four, possession of a firearm during the commission of a felony, we find the defendant guilty. On count five, influencing a witness, we find the defendant. Thank you. Juror 20, you can take a seat.
- [36:14]
Bill Crane
Deputy Murphy, if you would, please.
- [36:18]
Dale Cardwell
The verdict was shocking and unexpected by many in the community.
- [36:24]
Bill Crane
We begin with breaking news from the Tex McIver murder trial. After four days of deliberations, the jury has convicted him of felony murder in the shooting death of his wife Diane, along with escorted away in handcuffs. Atlanta attorney Tex MacGyver is heading back to jail. This afternoon, a jury found him guilty on all but one count in the murder of his wife Diane.
- [36:46]
Dale Cardwell
The jurors were allowed to sit in the back seat of the vehicle and even tested the gun while there, which proved to have a profound impact on the case as the jurors got to.
- [36:58]
Kristy Phillips
Climb inside that SUV with the gun.
- [37:00]
Dale Cardwell
Used to kill Diane McIver.
- [37:02]
Bill Crane
And one by one, they reenacted that crime scene.
- [37:05]
Dale Cardwell
The jurors who talked to us say.
- [37:07]
Kristy Phillips
Tex McIver's story just didn't make sense.
- [37:10]
Bill Crane
We was able to take the firearm.
- [37:12]
Seren Jones
To the vehicle, and we was able.
- [37:13]
Dale Cardwell
To test it out ourselves, and we.
- [37:15]
Bill Crane
Was able to come up with, you.
- [37:18]
Kristy Phillips
Shot your wife in the back.
- [37:20]
Dale Cardwell
But even more importantly, it would lead to a series of wild twists that will put Tex in a position to inherit Diane's fortune. Next time on Deadly Fortune.
- [37:45]
Bill Crane
I was stunned that he was convicted.
- [37:48]
Kristy Phillips
Diane would have been really, really, really upset.
- [37:53]
Seren Jones
That might not have been a big red flag to other people, but for me, it was. It was not just a red. It was a huge, blinking red light.
- [38:05]
Jay Grover
Oh, it gives me goosebumps right now.
- [38:08]
Kristy Phillips
Never any doubt in my mind that it was an accident. And that's why I still become Texas Friend, because I believe in him.
- [38:18]
Bill Crane
She's the best partner I could have possibly imagined, and I will always, always love her. I can't remember a day I didn't cry for the first two years I was at the prison.
- [38:31]
Dale Cardwell
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 Catherine St. Louis. If you love the show, tell your friends and don't forget to leave a review. Thanks for listening.
- [40:05]
Bill Crane
SA.