Tex McIver said he shot his wife by accident jurors didnt buy it
"Around 2 p.m. Monday, after more than 27 hours of deliberations, jurors in the Claud Tex McIver murder trial told Judge Robert McBurney they were hopelessly deadlocked.
But less than two hours later, the 7-woman, 5-man panel came back with a verdict few expected: Guilty of felony murder, and three of the remaining four counts. He was acquitted of malice murder, the most serious charge, but that comes as little solace for the 75-year-old attorney, who faces a mandatory sentence of life in prison for the other murder conviction.
Known as The Fixer because of his ability to grease the wheels of bureaucracy and get things done, McIver appeared stunned as he was handcuffed by a Fulton County sheriffs deputy and led from the courtroom following the verdict....
It definitely took a lot of compromise on both sides, said juror Aubrey Gray, who added he went back and forth over McIvers guilt.
There was definitely a point where we did not think we were going to get to guilt or innocence, Gray said. But luckily, the judge told us to rethink what we were doing and we got to a point where all the jurors were able to compromise, specifically look at the evidence, take away any of the emotion we had, and come up with the verdict of guilty on four of the five counts.
It was a compromise that, legally, didnt make much sense. Jurors found him guilty of aggravated assault and not guilty of malice murder, both of which require intent. In other words, he shot her on purpose but didnt murder her intentionally.
McIvers supporters including Anne Schwall, the mother of his godson Austin, and Annie Anderson, his personal masseuse who was forced to testify about an alleged affair that wasnt were caught off guard, optimistic before the verdict, overcome with emotion afterward. They ran out of the courtroom in tears as McIver, appearing especially helpless, tried to make eye contact.
Though his defense team was bitterly disappointed they were not altogether surprised by the jurys decision. They had expressed concern during deliberations that the jury would somehow reach a compromise and convict McIver of felony murder if they couldnt convict him of malice murder.
It just shows the power of emotion over reason, defense co-counsel Bruce Harvey said as he left the courthouse....
Billy Corey, Dianes mentor and boss at U.S. Enterprises, put it more succinctly at a press conference following the verdict: A .38 (revolver) dont go off by itself.
Juror Lakeisha Boyd agreed and said there was a consensus from the beginning that Diane McIvers death was intended.
Whether youre half-asleep, we dont know that, well never know that, Boyd said. Thats between him and God..
Rucker said he believes a major turning point came during deliberations, when jurors asked to sit in McIvers Ford Expedition a second time. This time, they did so with McIvers .38 revolver in hand.
I think providing them the opportunity to actually sit in the vehicle, to see the trajectory rod through the seat, to understand where the gun would have had to have been when it was fired was extremely important, said Rucker, whose rousing closing argument was widely praised. And perhaps more so when you put it into context with his statements its where the gun could not have been. I think that proved to be real pivotal for a lot of people...."
https://www.myajc.com/news/crime--l...ident-jurors-didn-buy/KEmNhJW2BUuwgY5RLg2BGJ/
(Lakeisha Boyd) Juror 61???
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