The Binge Crimes: Deadly Fortune | Episode 6: Unspun – Detailed Summary

Introduction

Deadly Fortune, the sixth episode of The Binge Crimes series by Sony Music Entertainment, delves into the tragic and complex case of Tex McIver and his wife, Diane McIver. Once a prominent Atlanta power couple, their seemingly picture-perfect marriage ended abruptly in what was initially perceived as a tragic accident. However, as new evidence and legal maneuvers emerge, the case takes unexpected turns, raising questions about justice, motive, and the influence of wealth.

Original Trial and Conviction

The episode begins by recounting the initial trial of Tex McIver, an Atlanta attorney known for his political connections, who was convicted of murdering his wife Diane. The courtroom drama was intense, with Tex expressing surprise at the conviction:

• Tex McIver ([12:34]): "I was stunned that he was convicted. Yeah, I thought it was a pretty reasonable chance of involuntary manslaughter."

Despite Tex's belief that the jury might lean towards involuntary manslaughter, the jury sentenced him to life in prison with the possibility of parole, finding him guilty of felony murder, aggravated assault, influencing a witness, and possession of a firearm during the commission of a felony. Notably, the jury did not select the lesser-included offenses available in the verdict form, an omission that would later become a pivotal point in the case.

Community and Personal Reactions

The episode highlights varied reactions from those involved:

• Don Samuel, reflecting on the case ([20:15]): "I think they put together a good set of circumstantial evidence... It's fine for you to believe. It's fine for anybody to believe it. I don't think juries should decide like that."

• Craig Stringer, a friend present that night ([25:47]): "I think it was completely planned. I think he had everything set up the way he wanted it set up."

• Rachel Stiles, another associate ([35:22]): "If Tex wanted to kill Diane, he would not have killed her in the backseat of a car with her best friend driving."

These perspectives illustrate the divided opinions and the lingering doubts surrounding Tex's guilt, with some believing in his innocence and others convinced of his meticulous planning.

Appeal and Georgia Supreme Court Ruling

A significant turn in the narrative occurs when the Georgia Supreme Court overturns Tex McIver's murder conviction unanimously (7-0), stating that the evidence against him was "not overwhelming or even strong."

• Jesse, host of Dinners on Me podcast ([45:10]): "They ruled that the jury should not have been told about the Georgia Slayer statute... The state failed to explain why Tex killed Diane."

The Supreme Court criticized the prosecution's use of the Slayer statute, which was intended to prevent Tex from inheriting Diane's estate if found guilty of intentional homicide. The Court found that introducing this statute as evidence weakened the prosecution's case rather than supporting it.

Retrial and Plea Deal

Following the reversal, Tex McIver faces a retrial. However, before the new trial commences, Tex accepts a plea deal in January 2024. This deal notably omits the Slayer statute provision, allowing Tex the potential to inherit Diane's fortune—a critical element that raises suspicions among those close to Diane.

• Billy Corey, a supporter ([1:10:45]): "The elephant in the room is... with Tex's verdict reversal and the new plea deal... Guess who's first in line for Diane's estate?"

Estate and Financial Implications

The episode delves deep into the financial aspects of the case. Initially, it appeared that Diane's estate was modest, with insurance proceeds settled for $2,250,000 and a purported $70,000 available. However, investigations reveal that Diane's actual fortune ranges between $1 million to $4.5 million. The removal of the Slayer statute from the plea deal means Tex McIver stands to inherit a significant portion of Diane's wealth, contradicting earlier assurances that he would be barred from financial gain.

• Advisors and Legal Experts ([1:15:30]): Discuss the implications of the Slayer statute removal and the enigma surrounding the distribution of Diane's estate.

Emotional and Ethical Dimensions

Tex McIver publicly acknowledges his role in Diane's death, offering a heartfelt apology during his court appearance:

• Tex McIver ([1:25:50]): "She died as a result of my actions, plain and simple. I can't remember a day I didn't cry for the first two years I was at the prison."

Despite this admission, many, including those close to Diane, remain unconvinced of Tex's remorse and question the sincerity of his plea.

Conclusion and Future Prospects

The episode concludes by highlighting the unresolved aspects of the case. With the plea deal in place and the Slayer statute excluded, Tex McIver stands to inherit Diane's substantial estate, raising suspicions about the true nature of his actions. The community and supporters continue to grapple with the complexities of the legal decisions and the moral questions they entail.

• Danny Jo Carter, a star witness ([1:30:20]): "Everybody knew that he killed her. He was the only one sitting in the backseat with a gun. He did it."

Deadly Fortune leaves listeners pondering the interplay of power, wealth, and justice, emphasizing that the story is far from over.

Notable Quotes with Attribution and Timestamps

• Tex McIver ([12:34]): "I was stunned that he was convicted. Yeah, I thought it was a pretty reasonable chance of involuntary manslaughter."

• Don Samuel ([20:15]): "It's fine for you to believe. It's fine for anybody to believe it. I don't think juries should decide like that."

• Craig Stringer ([25:47]): "I think it was completely planned. I think he had everything set up the way he wanted it set up."

• Rachel Stiles ([35:22]): "If Tex wanted to kill Diane, he would not have killed her in the backseat of a car with her best friend driving."

• Jesse ([45:10]): "They ruled that the jury should not have been told about the Georgia Slayer statute... The state failed to explain why Tex killed Diane."

• Tex McIver ([1:25:50]): "She died as a result of my actions, plain and simple. I can't remember a day I didn't cry for the first two years I was at the prison."

• Danny Jo Carter ([1:30:20]): "Everybody knew that he killed her. He was the only one sitting in the backseat with a gun. He did it."

Final Thoughts

Deadly Fortune masterfully navigates the intricate layers of Tex and Diane McIver's case, offering listeners a comprehensive view of the legal battles, personal testimonies, and ethical dilemmas that define this true crime story. The episode underscores the complexities of the justice system and the profound impact of personal relationships and financial motives in criminal cases.