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- [00:03]
Narrator
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- [00:16]
Billy Corey
I was definitely in a yo yo.
- [00:18]
Narrator
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- [00:21]
Billy Corey
Gaining weight, and it was exhausting.
- [00:23]
Narrator
And Stephanie, she's a former D1 athlete who knew she couldn't out train her diet and she lost 38 pounds.
- [00:30]
Evan
My relationship to food before Noom was never consistent.
- [00:34]
Narrator
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- [00:38]
Billy Corey
I never really was a salad guy. That's just not who I am. Even through the pickiness, Noom taught me that building better habits builds a healthier lifestyle. I'm not doing this to get to a number.
- [00:48]
Narrator
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- [01:02]
Billy Corey
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.
- [01:23]
Narrator
The bench.
- [01:41]
Billy Corey
Austin Schwall, the godson to tex and Diane MacGyver and the boy who has since become a young man. A young man at the center of this wild case. In October of 2024, I met Bob Cheeley, the attorney for Judge Craig Schwall, to ask him about the events that had transpired since the discovery of the millions in Diane's estate that Tex now stood to inherit. Craig Schwall was in the room that day, too. This was all about his son. So when the topic of Austin came up, Craig instantly perked up.
- [02:23]
Narrator
He's very, very torn because he loved them both. And so he's very torn. You know, he loved Nyan, he loved Tex, he loved Billy. And you know, he's the kind of kid that has never had a bad day in his life. Never had a bad day. Just smiles with those teeth, those blue eyes. Got a girlfriend, wants to be a frat boy at Georgia. That's it. I'll show you a picture of Austin. What did he say when he found out about diabetes? Oh, he sobbed and said, it was the worst day of my life. I mean, it was hell waiting on the school bus to come home and tell him he was 10.
- [03:06]
Craig Schwall
You and Ann were both standing there at the school bus stop, and he said, what's wrong? As soon as he saw you. Isn't that right?
- [03:14]
Narrator
He said, what's wrong? This is a picture of Austin when he was a little child.
- [03:19]
Craig Schwall
Craig, what was it he called Diane?
- [03:22]
Narrator
Mommy died.
- [03:23]
Craig Schwall
Mommy died.
- [03:24]
Narrator
And he called Tex Dee Dee. And he calls Billy Corey Big D. Now, this is Austin.
- [03:32]
Craig Schwall
He's over six feet tall.
- [03:35]
Narrator
I swear that they will probably get married.
- [03:38]
Billy Corey
You think? Oh, yeah.
- [03:41]
Narrator
She said she wanted to go to Auburn, and then they went to a football game at Georgia. Now they both want to go to Georgia. So I told him he'd be going around telling people his dad's political influence is going to get him in Georgia. That's not the way to do that.
- [03:57]
Billy Corey
From Sony Music Entertainment and Waveland Road, you're listening to Deadly Fortune. This is episode eight, mommy Die.
- [04:14]
Craig Schwall
Everybody that I've spoken to to develop the evidence for the. For the legal proceeding that we're involved in on Austin's behalf, echo the same thing that she. If we had five minutes to have, you know, with her and having to interview her, she would say, austin is who I want to see. Have everything that I left behind.
- [04:42]
Billy Corey
Judge Craig Schwall and the Schwal family are making the legal argument that the money from Diane McIver's estate should go to them and not Tex and not to any of Diane's blood relatives.
- [04:57]
Craig Schwall
Well, first of all, this is a unique case. It's never, to our knowledge, never occurred in Georgia, maybe not even the nation, where you had a spouse who died by bullet, and you've got a number of heirs at law, but you also have Austin, who was her darling child, godchild. Thank goodness that Georgia has what's called equitable remedies so that a judge or jury can take into account in circumstances like this where there's no doubt that a gun in the hand of Tex McIver pulled the trigger and resulted in her death. So if you had the chance to ask Diane in heaven, would you want your husband who shot you to benefit from your death, she would most certainly say, absolutely not. She would want it all to go to Austin, who has her heart and who has his whole life ahead of him. Now that she's gone, she would want him to have all of her treasures.
- [06:12]
Billy Corey
I asked Bob Cheele about the blood relatives, a collection of over 20 cousins, and why they wouldn't have standing in their claim to Diane's inheritance.
- [06:24]
Craig Schwall
Well, the only standing is that which is created by law. That's for the overwhelming number of cases where somebody dies. You know that they had a will, but you can't find the will. I've asked Billy Corey and everybody that worked here at Cory Enterprises, which is where we are today, if Diane ever mentioned any of these people's names that are listed on the proceedings filed by Mary Margaret Oliver as administrator, and they say no, she never mentioned any of them. She never, to their knowledge, never went to see them. They never visited her. They didn't attend the trial. Therefore, that's where the equitable remedy comes in. The court. And the jury, if there is a jury, should decide where the money goes based on what would Diane want if she was here? What would she say if the judge.
- [07:20]
Billy Corey
Rules that the cousins should receive the money and not Austin, what's next for the Schwals? And forgive me, this is very personal. This is why I didn't want Billy in here. But does Craig believe it was an unintentional act?
- [07:35]
Craig Schwall
We'll take it. I guess the best way for me to answer that is we take the facts as we found them to be in the transcript of the murder trial, and we take the facts as the Supreme Court of Georgia found them to be, justifying a new trial.
- [08:02]
Billy Corey
And the Schwals are asking not just for the original $1.4 million insurance settlement money, but they're asking for another $3 million from Diane's estate. And in their eyes, they say that no amount of that money should go to Tex.
- [08:21]
Craig Schwall
We're going to contest it. There's absolutely no reason that anyone who knew Diane would. There's not going to be anybody I. I dare say that will take the stand under oath and say that Diane, under these circumstances, would have wanted Tex to have anything because he was responsible for her premature and untimely death. And she was deprived of watching Austin Schwald grow up and become a young man. He's now a senior in high school. He's going to be going off to college next year. And she set up a college fund for him, you know, when he was a baby. And she was investing in him, she was investing in his future, and she loved him as if he was her own child.
- [09:15]
Billy Corey
I pressed J. Tom Morgan about how this could have been orchestrated between all parties back in the courtroom that day when Texas plea deal agreement was finalized.
- [09:28]
Craig Schwall
All of a sudden we have the prosecutor saying, okay, you can plead guilty, and we'll take the slayer statute out of this, but as long as you give 1.5 million to judge Schwalz's son, Ken, and also the prosecutor who has, you know, the DA's office has cases in front of Judge Wall. Ken, everybody knows everybody in this case. I have tremendous respect for Judge Schwal, have tremendous respect for Judge McBurney and Mary Margaret Oliver. But at the same time, because everybody knows everybody, somebody out from out should have been brought in so we wouldn't be having this discussion.
- [10:13]
Billy Corey
Do you think there's any chance at all that Judge Craig Swall didn't have a conversation with Tex McIver about how this could all play out?
- [10:21]
Craig Schwall
Well, Tex McIver would have to agree to sign over 1.5 million from the wrongful death settlement to Craig Schwal. How do you not have that? If somebody's going to give you 1.5 million, I think they're going to give me a heads up. I sure hope so, because you got.
- [10:40]
Billy Corey
To go along with it, right? Since Austin Schwal had no standing to inherit Diane's estate or wrongful death settlement, some wonder if there was a secret deal between Craig Schwall and Tex MacGyver to assign the settlement to the Schwals in trade for Craig Schwall to secretly share the proceeds with Tex. The Schwalz attorney doesn't just say no, but hell no. So if I may, did, to your knowledge, did Judge Swall and Tex ever discuss this insurance settlement and the remaining money in the estate?
- [11:20]
Craig Schwall
To my knowledge, they did not. At least he hasn't indicated to me as much.
- [11:28]
Billy Corey
This case is so unusual because of the close, intertwined friendships that existed before Diane's death tore everything apart. I know that Craig, the judge, and Tex were very close. I was close with Tex. This has to be difficult for the judge.
- [11:44]
Craig Schwall
It is. It is. It's a surreal experience for him to have to, you know, realize that somebody he had a friendship with is now behind bars for shooting his wife. And, you know, it's just hard for him to wrap his head around, you know, what does he. Where does it go from here? You know, he doesn't have any control over what Tex did, and he doesn't have any control about the sentence that Tex received. But he does have some say so because he was named by Mary Margaret Oliver as a. As a co defendant, along with approximately 30 other people to get to the truth of what Dan's desires were. And that's where we. That's where we go from here.
- [12:38]
Billy Corey
It's my understanding there's roughly $3 million in the estate, and the insurance settlement is 1.4 million after attorney's fees and so forth. Is that essentially the understanding?
- [12:49]
Craig Schwall
That's my understanding from speaking to Mary Margaret Oliver. That was 3 million plus a man for.
- [12:56]
Billy Corey
And it's your client's position that Diane would want all of the estate to.
- [13:01]
Craig Schwall
Go to Austin and Craig Jr. No doubt about it. I had just recently, Greg and Ann, Austin's mom, calls to be delivered to my office. Just stacks of picture albums that Diane had put together from the time that Austin was born. These parties, birthday parties that she would throw for him and invite all of his friends to her farm over near Lake Sinclair, and they called it the ranch. There is no doubt, once you see these videos of those birthday parties and everything as Austin grew, that she adored him. And she would. You didn't see any of these cousins, I'll put it that way, at the birthday parties, they weren't invited. So I think she made it real clear, if anyone could speak from the grave through these things that she put together and left behind, it would be Diane McIver saying, I want Austin to have this.
- [14:20]
Billy Corey
It's summer of 2024, and Tex is getting close to serving out his full term. Here's Don Samuel, again, his defense attorney in his original trial.
- [14:32]
Narrator
You know, again, without violating any privilege, I'd say that he has aged a lot more than the six years since I first met him. I first met him, you know, December of 2017, January 18th. He's probably, you know, mentally aged 10 years, not six years during that period. And I went to visit him a couple, I don't know, three weeks ago. And he's having a rough time even now. I mean, we don't know when he's going to be paroled. We're kind of hoping soon, but he's having trouble walking. He's had a great deal of difficulty talking, so he's not doing great.
- [15:14]
Billy Corey
Do you think he's paid Gravely for accidentally shooting his wife?
- [15:19]
Narrator
Oh, for sure, for sure. Emotionally, for having lost his wife, having been the cause of the loss of his wife and sitting in prison for six years or more. Really? If you include the pre trial time. Yeah.
- [15:37]
Billy Corey
After the Board of Pardons and Paroles indicated that they were going to grant parole, suddenly a couple of weeks ago, they denied parole.
- [15:49]
Narrator
Yeah, well, it's a little confusing. There's something called pick points, progress incentive, something where you get credit that is given to you on parole for taking classes and teaching other people. So he's getting those, which has the same effect as granting parole. They're moving the parole date up it's actually going to be a release date because of all the pick points. We still hope he gets out within a matter of, at this point, a month or two, I hope, but we don't know for sure.
- [16:27]
Billy Corey
But the Board of Pardons Parole said he's going to have to serve his entire sentence to September of 2025.
- [16:33]
Narrator
But that didn't include the pick points that he's been given. So those are coming off the sentence. That's reducing the sentence.
- [16:41]
Billy Corey
The Georgia Parole Board grants preliminary parole to Tex McIver, intending to release him in March of 2024, with the caveat that those who oppose can write letters stating their reason. Billy Corey and Danny Jo Carter write to the parole board and reveal what they believe to have been a secret deal constituted among Tex MacGyver and the attorneys that will give everyone involved exactly what they want with the exception of Diane and those who loved her.
- [17:16]
Evan
If there's anything that I can do, like keeping the light shining on Tex so that he doesn't get out on parole without anybody noticing what's happened, I would help not manufacture anything, but to make sure that he spends at least all the time that they did give him, which isn't that much.
- [17:37]
Billy Corey
July 1, 2024, the parole board rescinds its intent to release Tex McIver. Determining release would not be compatible with the welfare of society. End quote. It works. Billy Corey's behind the scenes manipulation of the Board of Pardons and Paroles via his and Danny Jo Carter's confidential letters that only we have obtained stop Texas early parole at the last minute and assures he'll remain in prison until September 1, 2025. I showed Don Samuel the letter Billy Corey sent to the parole board victims families.
- [18:22]
Narrator
I'm not going to quibble with them. Factually, there's all kinds of. I can't count the number of erroneous facts are in that sentence. That paragraph. The accusation that we hid this to get our fees. A, we didn't hide it. B, we didn't get fees through the settlement. Excuse me, through the settlement. That he's going to collect millions of dollars that's going to be tied up in court. I don't know how long it's tied up in court because the trustee, Mary Margaret Oliver, is filing what's known as a declaratory judgment action. And in fact, her heirs were more likely to receive the money. The da, the current DA who's handling the case, didn't hide anything from anybody. Everything about that paragraph is factually wrong. I like Billy Corey personally. He's a decent guy. I've known him for many years. You know, like I said, victims families, victims friends. I share their grief. I understand their grief. I empathize with them. And very often they think the defense lawyer's evil, the judge is evil, the jury was corrupt, you know, because nothing makes sense to them. But, dad, what you read to me is, I'm fine. If that's what Billy wants to write. I bet he'd be a little more persuasive if he was accurate.
- [19:43]
Billy Corey
But Tex will get out. How do you feel about Tex getting out of prison?
- [19:49]
Evan
I don't like it. I don't think he deserves to get out. You know, people say he's an old man. Well, Billy Corey's 92. He's still going to work every day, wheeling and dealing. And, you know, I've got friends that. I've got friends that are 100 and in their 90s, so he could still have a very active life. And the fact that he spent the last six and a half years incarcerated because he thinks that Billy manipulated things to cause him to get charged with murder and that I didn't lie and, you know, produce these depositions, and I know there's no telling what would go on in your mind over six and a half years. I've never been in prison. Don't want to ever go there. But I don't know where his mind goes with thinking about me. But, I mean, he could be very resentful. I would be resentful, I think, if that had. If everything was turned around and somebody said, well, Danny Jo, he'd be stupid to do anything to you now. And I said, well, he was stupid enough to shoot his wife in the back while I was sitting right next to her. How stupid do you think he is?
- [21:19]
Narrator
From the team that brought you up and Vanished comes an all new podcast that brings you a weekly dose of true crime cases. She's in an unknown area. Do you know if she's here now or was she released?
- [21:31]
Tex MacGyver
They said she was released.
- [21:32]
Craig Schwall
I'm Payne Lindsay.
- [21:34]
Narrator
And I'm Maggie Freeling.
- [21:35]
Billy Corey
This is up and Vanish Weekly.
- [21:37]
Narrator
Join me as I talk through cases.
- [21:39]
Billy Corey
With special guests and true crime experts. There's gotta be something at the heart of that evidence that they've got.
- [21:45]
Evan
It's gotta be DNA.
- [21:47]
Billy Corey
Yeah.
- [21:48]
Narrator
Tune in as Payne Lindsay lays out the crime in true up and vanished style.
- [21:53]
Billy Corey
A late night knock at the door, a missing car, and a mysterious shadowy figure caught on camera.
- [21:58]
Narrator
We cannot see that person's face ever. Luckiest person in the world.
- [22:02]
Billy Corey
What new evidence will it take to solve one of Florida's most high profile missing persons cases?
- [22:09]
Narrator
Up and Vanish Weekly is available now. Listen for free on Apple Podcasts, Spotify or wherever you get your podcasts.
- [22:18]
Craig Schwall
1942, Europe.
- [22:21]
Billy Corey
Soldiers find a boy surviving alone in the woods.
- [22:25]
Narrator
They make him a member of Hitler's army.
- [22:28]
Billy Corey
But what no one would know for.
- [22:30]
Narrator
Decades, he was Jewish. Could a story so unbelievable be true?
- [22:39]
Billy Corey
I'm Dan Goldberg and from CBC's Personally.
- [22:42]
Narrator
Toy Soldier, available now wherever you get your podcasts.
- [22:53]
Billy Corey
It's December 9, 2024, just a few weeks before this podcast is set to come out. We've created quite a stir over the last few months in our investigation. No more evidenced by today's events. The camera turns on and we see and hear Tex MacGyver. He's dressed in the standard prison uniform of white top, white pants. Inside a conference room in the Augusta State medical prison. Tex MacGyver is set to give a deposition today surrounding the details of Diane's inheritance. As the various legal teams get set up, Tex talks football, who's surely going.
- [23:36]
Tex MacGyver
To play in the playoffs. Notre Dame beat Army about two weeks ago, didn't I?
- [23:43]
Billy Corey
Tax is just about ready to turn 82, and it's been a sad few years living in prison.
- [23:51]
Tex MacGyver
I tell you, I don't know what happened. When I passed from the 70s into the 80s category for age, man, my friend started to die and I've been in this unfortunate situation eight years and I'd say every other month somebody pretty close dies. We're just not designed to go much further than that.
- [24:16]
Craig Schwall
I guess you're 82.
- [24:18]
Tex MacGyver
I'll be 82 in two weeks.
- [24:20]
Craig Schwall
Two weeks.
- [24:22]
Billy Corey
Though his term in prison will end in his release In September of 2025, Tex shares a surprising update. He says he's just days from being released on parole.
- [24:35]
Tex MacGyver
Looks like my parole is going to be granted at long last.
- [24:41]
Craig Schwall
When do you expect that?
- [24:44]
Tex MacGyver
Maybe this week. And I've got some residential arrangements in Marietta.
- [24:52]
Billy Corey
Lawyers from all sides are here. Bob Cheeley representing Craig Schwall. The lawyers for at least five of the cousins of Diane Mary Margaret Oliver and her attorney and Tex's attorney, who he says he's never met before today. Today is a significant reversal of fortune for Tex. What once looked like a promising inheritance of millions for him once he gets out of prison is now a highly contested legal fight amongst a wide variety of parties, all with wildly differing interests. Bob Cheeley representing the Schwal family, kicks things off.
- [25:35]
Craig Schwall
I just want you to know that the purpose of the deposition is to understand what you know about Diane Smith McIver's wishes for her estate, the proceeds from the sale of the ranch. One of the things I want to.
- [25:54]
Billy Corey
Ask you about today, Cheally, is looking to establish Austin's close relationship with both Diane and. And tax.
- [26:02]
Craig Schwall
She helped take care of Austin. Diane did, from a very early age, correct?
- [26:08]
Tex MacGyver
That's correct.
- [26:09]
Craig Schwall
And how often would you say she saw Austin in his 10 years of life during the time that she was living?
- [26:19]
Tex MacGyver
Five, six days a week?
- [26:22]
Craig Schwall
If you had to put a rank it. On a scale of 1 to 100, how much would you say that Diane loved Austin?
- [26:31]
Narrator
Objection. Calls for speculation.
- [26:34]
Craig Schwall
You can answer.
- [26:35]
Tex MacGyver
You can answer a hundred plus.
- [26:40]
Billy Corey
The MacGyvers would often throw extravagant parties out at their ranch, for Austin and.
- [26:45]
Tex MacGyver
His friends expected people to come in jeans and boots and hats and stuff. We had activities for the children, but, you know, calf roping and cowboy stuff.
- [26:58]
Craig Schwall
So y'all had. You and Diane had horses there?
- [27:02]
Tex MacGyver
Yes.
- [27:02]
Craig Schwall
And do you have cows, too, or.
- [27:05]
Tex MacGyver
Yes, sir.
- [27:06]
Craig Schwall
What other farm animals, if any?
- [27:09]
Tex MacGyver
Two donkeys.
- [27:10]
Craig Schwall
Two donkeys?
- [27:11]
Tex MacGyver
Yes, sir.
- [27:12]
Craig Schwall
And did Austin enjoy coming out to the. To the ranch?
- [27:19]
Tex MacGyver
I think so.
- [27:21]
Billy Corey
Later on, the proceedings get a little chippy as Cheeley and Tex's lawyer get into it. Even Tex seems to revel in the back and forth of this legal one upsmanship.
- [27:34]
Craig Schwall
You only met him today for the first time, so I appreciate you just reserving your speeches for the judge. Not here. You want to make an objection to the form of the question, do so.
- [27:49]
Narrator
I object to the form of the question. Stop leaving. Whether I met him today, a year from now, is irrelevant. And your comments are not taken very nicely.
- [27:59]
Craig Schwall
Mr. Frankel, you're not the judge.
- [28:01]
Narrator
I am not.
- [28:03]
Craig Schwall
So all you have to do is make an objection to the form of the question and it will be noted. But you don't need to sit here and lecture me about how to do a deposition.
- [28:12]
Narrator
Sir, thank you very much for your lecture. It was very informative.
- [28:20]
Craig Schwall
Are you paying this guy, Ms. MacGyver?
- [28:24]
Tex MacGyver
Yeah. Yes, sir. I enjoy the conflict. So I'm in a solitary cell and it gets a little lonely sometimes.
- [28:31]
Billy Corey
So if you recall, Diane had an original will that did not include naming Austin Schwall. He hadn't even been born yet. At that time, she had intended to update it, but. But it never happened before her death. Here's texts.
- [28:48]
Tex MacGyver
She intended to update her will, which we know she did not do, but she intended to do that, and there she was going to provide for both the boys.
- [28:58]
Craig Schwall
Okay. And that would have included bequeathing the. The rats to the boys, to the small brothers.
- [29:08]
Tex MacGyver
Yeah, well, her share.
- [29:11]
Craig Schwall
All right. And you were. You were willing to do the same, right?
- [29:15]
Tex MacGyver
Yeah, I was going to take care of my son in a different way.
- [29:19]
Craig Schwall
Okay.
- [29:23]
Tex MacGyver
I wanted her to be able to do what she wanted. I thought I'd go first. I was 11 years older than she was, and it just worked out that I lowered my objection. She intended to update her will. I candidly thought she had done so.
- [29:41]
Craig Schwall
Okay.
- [29:42]
Tex MacGyver
And that's my answer.
- [29:44]
Billy Corey
Tax then makes it clear that Diane did not have designs on leaving her blood relatives any of her inheritance.
- [29:53]
Craig Schwall
Did Diane ever say she wanted to leave any of those people anything in her estate?
- [29:58]
Tex MacGyver
No, it was quite the contrary. She made quite a point about having no relatives, and she was almost like a waif. And she, again, never knew her father. She had serious conflict with her mother and her brother. And when both of them. The brother died first and the mother died a couple of years later. And I virtually insisted to go to the funeral. I thought that was a respectful thing to do.
- [30:29]
Craig Schwall
Her mother's funeral?
- [30:30]
Tex MacGyver
Yes, the mother's funeral. And the brother was mentally retarded. All I knew from her. But she wouldn't go. And she used to almost laugh about it in social situations that she just. It was just her, you know, And I'd come along and plucked her out of the herd. She didn't have any relatives at all? Candidly, I think she was afraid they would all come asking for money, really, and she didn't want that kind of conflict.
- [31:03]
Billy Corey
During the deposition, Tex said he was clearly in favor of the Schwals receiving the millions from Diane's estate and not the cousins. But if no objections, Tex will once again get paid, this time over $300,000.
- [31:22]
Craig Schwall
Let me turn to probate in the Fulton county court. You've entered into, I guess, preliminarily, a pending court approval, partial distribution, certain assets under the estate of Dan McIver.
- [31:45]
Tex MacGyver
Preliminary.
- [31:47]
Craig Schwall
Distribution, distribution of a special bequest under her will to you of a life estate. Is that correct?
- [31:56]
Tex MacGyver
I think that's right.
- [31:58]
Craig Schwall
And it was some $337,000? Roughly, yes.
- [32:06]
Narrator
How does a guy working for a fire department go out and snuff out a mobster in front of 300 people and go home the next morning and feel good about himself? Well, you gotta understand this people, all.
- [32:18]
Billy Corey
You civilians out there, these people are evil garbage.
- [32:24]
Narrator
The world is a better place without them. You have no idea what these people have done. And will continue to fucking do. Not unless their lives are snatched from them. So did I feel bad? No. Not one fucking bit. It was just a normal kill. That's all. Because I really believe I did the world a favor. I don't know what else to fucking tell you. And if you can't live with that, grow the up. Welcome to Crook County. Available now listen for free on the iHeartRadio app, Apple Podcasts, Spotify, or wherever you get your podcasts. It was late past midnight when they broke into the farmhouse.
- [33:11]
Tex MacGyver
Never in a million years would you think that you'd see parents house taped.
- [33:14]
Narrator
Off by that yellow tape.
- [33:18]
Tex MacGyver
And they said your mom died of being killed.
- [33:20]
Narrator
They left behind a wall of blood and the key to a secret. It was a very brutal crime scene. One of the worst I've ever seen. Murder in the Moonlight, a new podcast from Dateline. Listen now.
- [33:37]
Billy Corey
So after all of this, there are three parties staking their claim to the millions from Diane's inheritance. There's a lot riding on the decision for each of the three. Each feeling they deserve the money. The Schwals, the cousins, and Tex. While we now wait to find out the results of the disputes around Diane's fortune, one thing seems clear. That Tex is removing himself from the millions. He stated that he now wants Diane's fortune to go to Austin Schwall. Except for that 337,000. Why? We didn't get a clear answer. Well, no matter who ends up winning this complicated case, once it's decided, what actually happens to the money from there is that person's business. You see, the public will never know. Though Tex finally did acknowledge that he killed his wife Diane with his gun in the back seat of the SUV that night. The personal, emotional and financial damage continues to follow. So many of us that were close to the McIvers back when things felt, well, normal.
- [34:53]
Narrator
The chapters of my life I would prefer not to revisit. But it's the story that just sort of continues to take different twists and turns. It's not the worst thing I've ever seen, but given the opportunity and the wherewithal and the knowledge that Tex MacGyver has of the legal system, the number of self inflicted wounds of his legal defense is and has been to me, astonishing.
- [35:22]
Billy Corey
How badly does Billy Corey want Tex to stay in prison?
- [35:26]
Narrator
In my conversations with him, I wouldn't say it's the most important thing, his life. But I would say in the time since Diane McIver's death, he's lost her. The relationship with Austin's been severely damaged. They were very closed. I know they still see each other, but it's not the same because in part, he's aware of Texas involvement and Mr. Corey's involvement in Texas prosecution. And then he lost our common good friend Jay Grover. His family is still around, his wife is still alive. But I think it's wounded him in a way that he wants some recompense. He wants to see justice. And he does truly, completely believe that it was a first degree planned homicide. And so from that standpoint, he doesn't believe justice has been served and that tech should still be in prison. They had so many plans that they were going to do together. And, you know, one was the fact.
- [36:23]
Evan
That, you know, Tex was retiring.
- [36:25]
Narrator
And, I mean, there was never any doubt in my mind that it was an accident. And that's why I still become Tex's.
- [36:36]
Evan
Friend, because I believe in him.
- [36:39]
Billy Corey
Do you think he can have a happy life moving forward?
- [36:43]
Tex MacGyver
He'll do his best.
- [36:45]
Billy Corey
Here's Judge Robert McBurney again on the case. From his perspective, this trial was a.
- [36:51]
Narrator
Spectacle, and people were interested in it.
- [36:54]
Billy Corey
For.
- [37:00]
Narrator
Reasons I don't fully understand, other than that they were glamorous people who were involved. Here in Fulton county, we handle dozens of murder trials every year, and the tragedy is no smaller. Lives are lost. Lives are taken for lust, greed, addiction, anger, pettiness. They deserve attention as well. And I think there is some frustration that we are dissecting this case down to the level of what boots did Danny Jo Ware when she testified, when there are equally tragic murders that an assessment of might lead to more important discussions, like why are the murders concentrated in the zip code? And why are many of the murderers people who didn't make it through high school? And if we could bend that arc in a different direction, would we see fewer fatalities as opposed to was the woman who gave text massages wearing Diane's rubber boots at the ranch after Diane died? And that generated countless hours of discussion. And I appreciate that it's eyeballs and it generates things, but I think it misses some of the deeper issues that beset our county and that I hope we do lots of podcasts about as well.
- [38:34]
Billy Corey
The interview with Judge McBurney occurred on December 17, 2024, just days before the wrap of the podcast. We also reached out for comment to the offices of Fani Willis, Adam Abate, and Mary Margaret Oliver, but received no response. And that same afternoon, as Jason was waiting to start the interview with the judge, I received notice that Tex MacGyver is indeed going to Be a free man. The parole board has approved his release. Just like Tex had said in his deposition, he's going to be a free man very soon. And me. My Nick Carraway experience in this Great Gatsby like story continues to stick with me as I think of Diane's death, her legacy in the community, and the unanswered questions that may take years to answer. Having spent so many years as an investigative reporter, I never imagined that the story that would have such a massive impact on me would be the one I've been in the middle of now for years. I've observed a sentiment among our former circle that though we can't bring Diane back, and even though it's painful talking about the events publicly like this, our voices together shining a light on the secret deals in this case far outweigh our own squeamishness about it all texts may be released any day now, maybe before the series even comes out, maybe in the months after, but Most definitely by September 1, 2025, if nothing else changes. And that means he will be a free man again. But the burden of not only Diane's death, the smell of money, scandal, and never really knowing what led to the tragic events of that night in September 2016 will no doubt follow him well beyond his last days here on Earth.
- [40:42]
Evan
Oh, gosh. I think about her every day, probably several times a day. And it doesn't make me feel sad or. I mean, sometimes I can get sad. I can get choked up about it. Yeah, I think of her every day for some reason that I wish that she was here. And I don't do it intentionally. It's just there are. We were like sisters for 42 years, and we have arguments, like sisters. But, yeah, I miss her. I miss her a lot. But the memories are usually, you know, fun memories. The scene in Scarface, he's with a killer, and he's got this bomb in his lap, and they're following some senator or something, and they're supposed to blow his car up, but the senator's kids get in the car and Scarface won't blow it up. And this guy who is with him keeps running in his mouth. You need to push it. You need to do it. You need to da, da, da, da, da. Because they need to kill this guy right now. And so Al Pacino turns around and he shoots the guy. His brains splatter all over the window. And he goes, look at you now. Look at you now, you son of a bitch. And Diane and I thought that was so funny, but we would just say that out of nowhere.
- [42:27]
Narrator
What you think I am, huh?
- [42:29]
Billy Corey
What you think I a worm like you?
- [42:31]
Narrator
I told you, man. I told you don't with me and you stupid. Look at you now.
- [42:41]
Evan
Look at you now, you son of a.
- [42:53]
Narrator
It Ryan Reynolds here from Mint Mobile with a message for everyone paying Big Wireless way too much. Please, for the love of everything good.
- [43:28]
Billy Corey
In this world, stop with Mint.
- [43:30]
Narrator
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- [43:56]
Billy Corey
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. Work takes up most of your time. That's why you should use stamps.com to save time with your mailing and shipping. Stamped.com will simplify your postage needs and add valuable time back into your workday so you have flexibility to focus on more important things. Stamps.com can handle your mailing and shipping needs with rates up to 88% off. UPS and USPS send invoices, checks, certified mail, packages and anything else you need to keep your business running. With stamps.com if you sell online, connecting with every major marketplace and shopping cart is easy. Plus, you can schedule package pickups through their dashboard and automatically see your cheapest and fastest shipping options from different carriers. With Stamps.com's Rate Advisor, add more flexibility to your workday. With Stamps.com go to Stamps.com program to sign up for a special offer. No contract, Cancel Anytime. That's stamps.com program.