GUILTY GA - Diane McIver, 63, Fatally Shot, Atlanta, 25 Sept 2016 #2

Discussion in 'Recently Sentenced and Beyond' started by caribou_birdie, Dec 6, 2016.

  1. Tortoise

    Tortoise Well-Known Member

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    I'm not really understanding that. How is malice murder over charged? That is just murder with intent. Motive does not need to be proved. More troublesome is that they convicted him of murder as a result of an intentional assault with the gun. Crazy to my mind.
     


  2. turaj

    turaj Well-Known Member

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    i guess it has to do with this concept of malice of forethought...and I am not legally savvy enough to argue that case...my point is that many in the legal field thought it was overcharged and I saw that as I found the evidence of intent very weak...but the jury spoke and I am fine with the result...I think he should be convicted just based on the way he acted after her death.
     
  3. Ember123

    Ember123 On Time Out

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    Hope to see you all over on tbe Liberty German and Abigail Williams (Delphi Indiana) thread WHENever Tricia opens it up again! A case very close to my heart; I've been following it (& posting ideas) obsessively for over a year now. We want justice for those girls! It's a very compelling and unique set of circumstances. Find Bridge Guy!!!
     
  4. Hopeful One

    Hopeful One Blessed are the cracked for they are the ones who

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    Any suggestions for the next interesting trial to watch? I feel lost with nothing to follow throughout my day!
     
  5. Niner

    Niner Long time Websleuther

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    There quite a few trials starting in May.

    Tuesday, May 15th:
    *Trial Set to begin - ND - Savanna Marie LaFontaine-Greywind (22) (April 20, 2017) - William Henry Hoehn (32) charged with Conspiracy to commit murder (Class AA Felony), conspiracy to commit kidnapping (Class A Felony) & giving false info to LE (Class A Misdom); pled not guilty on $2 million cash bond. Trial postponed from March 20th to today. Expected to go 2 weeks (5/15-25).
    (Brooke Lynn Crews (38) also charged with the same, 12/11 pled guilty to all charges, sentenced on Feb. 2nd to life without parole.

    Monday, May 21st:
    *Trial set to begin - TN - Child (5 mo. old baby boy) - John David Caine (26) & Deanna Lynn Greer (37) indicted (on 11/30/17) on charges of criminal attempt to commit aggravated child abuse, aggravated child neglect & illegal payments in connection w/placement of a child. Tried selling child on Craigslist for $3K. Both held on $175K bond.
    New Hanover County (No. Carolina) authorities indicated they will extradite Cain once his Tennessee case is resolved.

    *Trial set to begin (@ 8am CT) - IN - Aleah Beckerle (19) disabled (July 16, 2016) - Terrence Wayne Roach indicted for felony murder, burglary w/bodily harm, criminal confinement, abuse of corpse & kidnapping from home & taken to abandoned home; no bond. On 12/14/17: Trial delayed per Defense motion.
    1/9/18 Update: the trial was rescheduled to May 21 in Vanderburgh County Superior Court.

    *Trial set to begin (@ 8am CT) - TX - Addyson Overgard-Eddy (2) & Brynn Hawkins (1) (June 9, 2017) (left in car overnight) - for Amanda Kristene Hawkins (19) "mom" arrested & Grand jury indicted (8/30/17) on charges of 2 counts of child endangerment & abandonment & 2 counts of reckless injury to a child. ($70,000 bail) pled not guilty; hot car deaths. Amanda's trial was schedule for 3/26/18, delayed to today, 5/21/18.
    *Kevin W. Franke (17) has been charged (2/5/18) with 2 counts of manslaughter, injury to a child & 2 counts of child abandonment. $310K bond.

    *Trial set to begin (@ 8am CT) - TX - Leiliana Rose Wright (4) (Mar. 13, 2016) (beaten to death for drinking bro's juice) - Charles Wayne Phifer (34) (BF) charged & indicted with capital murder & felony injury to a child. Held on $1M bond.
    Jeri Renee Quezada (30), "Mom" pled guilty on 7/9/16 to 1 count of felony injury to a child as part of a plea bargain & will testify at BF's trial and be sentenced to 50 years after trial.
    Court docket says trial @ 8am, hearing @ 9am. :dunno:

    *Trial set to begin (@ 9am CT) – KS – Evan Brewer (3) (July 7, 2017/found encased in concrete Sept. 2, 2017) – Stephen Bodine (40) – BF charged (12/5/17) with 2 counts of 1st degree murder, 1 count of felony child abuse, 1 count of aggraved endangerment of a child & 1 count aggravated kidnapping; charged (11/7/17) with aggravated assault & interference w/parental custody & criminal damage to property (against Evan’s father); pled not guilty. $500K bond.
    Miranda Miller (36) “mom” charged on 11/7/17 with aggravated interference w/child custody; on 12/5/17 charged with 1st degree murder & felony child abuse; $500K bond.
    Hearing 4/16/18: Miller waived right to prelim hearing and pled not guilty; took plea deal and pled guilty to 2nd degree murder, aggravated kidnapping, abuse, & aggravated endangerment of a child. She will testify against Bodine.


    That's just a few I have notes for....
     
    DogRescuer likes this.
  6. SavageMarkIII

    SavageMarkIII Well-Known Member

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    I believe there was enough circumstantial evidence to justify the charges. I think people are underestimating the financial circumstances Tex McIver was in.

    1) he borrowerd $850k from Diane prior to their marriage. No one knows if he repaid it.
    2) Tex McIver's law firm demoted him in 2014 and told him by 2017 he would no longer hold any kind of partnership with the firm. Meaning in 2017 he would no longer have a regular salary, only what he brought in from his own clients. The firm was pushing him into retirement before he was financially ready
    3) The ranch cost $20k to 25k per month to maintain, but after the law firm demoted McIver, he was only bringing in $10 to 12K per month
    4) Tex McIver borrowed $350k in a loan with Diane's company she owned. The ranch was the collateral for this loan. Diane McIver basically held the mortgage to the ranch. The loan was due in full by the end of 2017.

    People who follow true crime, know what happens when people get desperate for many reasons, but especially money drives people to become very desperate. And they begin considering options that others would be horrified to think of.

    https://www.law.com/dailyreportonli...lly-strapped-husbands-ranch-when-he-shot-her/

    http://www.abajournal.com/news/arti...y_and_demoted_him_before_he_shot_his_wife_fi/
     
  7. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    A couple of things to post this AM:

    McIver Defense Promises to Appeal Jury's Guilty Verdict for Murder
    The jury also convicted McIver of aggravated assault, possession of a firearm during the commission of a felony and influencing a witness.

    "...Defense attorney Bruce Harvey said following the verdict, “There is no question” that McIver will appeal the conviction. “I do think it is a travesty in that it is the triumph of emotion over reason. It is a sad day for the rule of reason … I don’t believe for a minute that Tex McIver deliberately shot his wife in the fashion that they say occurred, and I will never believe that, no matter what the speculation, innuendo, or other unproven emotional matters, and frankly, aberrant behavior [that took place] after the event occurred.”

    He also questioned the practice of allowing jurors to pose questions to witnesses after the lawyers finished their examinations. Although the Supreme Court of Georgia has approved the practice, Harvey said that in a criminal trial, “I think it changes that Sixth Amendment dynamic. … It remains an issue, and will be an issue, I’m confident.”..."

    https://www.law.com/dailyreportonline/2018/04/23/jury-finds-mciver-guilty-of-felony-murder/

    [​IMG]

    Forget it Harvey- no issue- juror questions are done in other trials, so there is a problem only in your mind....
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  8. turaj

    turaj Well-Known Member

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  9. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Tex McIver said he shot his wife by accident — jurors didn’t 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 sheriff’s 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 McIver’s 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, didn’t 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 didn’t murder her intentionally.

    McIver’s 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 wasn’t — 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 jury’s decision. They had expressed concern during deliberations that the jury would somehow reach a compromise and convict McIver of felony murder if they couldn’t 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, Diane’s mentor and boss at U.S. Enterprises, put it more succinctly at a press conference following the verdict: “A .38 (revolver) don’t go off by itself.”

    Juror Lakeisha Boyd agreed and said there was a consensus from the beginning that Diane McIver’s death was intended.

    “Whether you’re half-asleep, we don’t know that, we’ll never know that,” Boyd said. “That’s between him and God.”.

    Rucker said he believes a major turning point came during deliberations, when jurors asked to sit in McIver’s Ford Expedition a second time. This time, they did so with McIver’s .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 it’s 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/

    [​IMG]

    (Lakeisha Boyd) Juror 61???
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  10. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Just FYI:

    2010 Georgia Code
    TITLE 16 - CRIMES AND OFFENSES
    CHAPTER 5 - CRIMES AGAINST THE PERSON


    ARTICLE 1 - HOMICIDE

    § 16-5-1 - Murder; felony murder

    "(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

    (b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

    (c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.

    (d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life."
    https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-1/
    ---

    Overview of Felony Murder in Georgia:

    "Felony murder is a legal statute that expands the definition of murder. It occurs when someone commits a serious or inherently dangerous felony, and someone else dies during the course of committing or attempting to commit the felony. Felonies that are inherently dangerous include burglary, arson, rape, kidnapping, aggravated assault and cruelty to children. The Court has also extended the definition to include crimes such as possession of a weapon on school property and robbery. The reason these felonies are inherently dangerous is that they are all circumstances that create a foreseeable risk that death could occur.

    ... Georgia law does not take into consideration whether the death was intentional or accidental. There does not need to be intent to kill or even an expectation that someone will die once the felony is commenced. The defendant will be liable for the death either way....

    What Has to be Proven?

    To be convicted of felony murder, the State must demonstrate that the accused is guilty beyond a reasonable doubt. This includes showing that the accused attempted or completed a felony that is deemed serious or inherently dangerous under Georgia law. Therefore, the State must show that all of the elements are present for the commission of the underlying felony.

    Penalty for a Felony Murder Conviction in Georgia

    In Georgia, the penalty for a felony murder conviction is either life in prison with or without parole or the death penalty....

    What are Not Defenses


    ...It was an accident: The Court has set a precedent that an accident cannot be a defense to felony murder. While accident could be a defense to the underlying felony, it will not be sufficient for a felony murder charge. Tessmer v. State, 273 Ga. 220, (2000).

    https://www.georgiacriminallawyer.com/felony-murder
    --

    2010 Georgia Code
    TITLE 16 - CRIMES AND OFFENSES
    CHAPTER 5 - CRIMES AGAINST THE PERSON
    ARTICLE 2 - ASSAULT AND BATTERY


    § 16-5-21 - Aggravated assault

    "(a) A person commits the offense of aggravated assault when he or she assaults:

    (1) With intent to murder, to rape, or to rob;

    (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or

    (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

    https://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-2/16-5-21
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  11. SavageMarkIII

    SavageMarkIII Well-Known Member

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    I will go further and in MOO, I believe Tex McIver somewhat planned this. Maybe not minute detail, but I think he was mulling over options in his head, and thought this might work. And when the situation presented itself, he did it.

    True Crime enthusiasts have seen all the potential ways, someone tried to get out of a marriage for financial or other reasons by eliminating the spouse:

    1) hire a killer - this have been covered numerous times on Forensics Files, 20/20, Dateline etc. It almost never works. Police follow the money/the phones or someone involved caves in and spills the plan

    2) spouse goes "missing" - Scott Peterson, Drew Peterson. Single best way to focus police attention on the remaining spouse. Again, it almost never works.

    3) "a fall down the staircase" - Michael Peterson (so many Petersons, should be cautionary tale) how he thought he could get away with this twice is a special kind of narcissism and arrogance.

    So, killing your wife in your own car, with your best friend driving doesn't seem like such a bad plan. In fact most people would say, "you would have to be stupid to do that" or "no one could plan that", so this would possibly divert attention from the remaining spouse. Well I believe Tex McIver did plan it and he almost got away with it. If he had summoned up the acting ability to play the grieving husband for an appropriate period and been more on the downlow about trying to get the insurance money, not inquiring into Diane's Social Security benefits and not hosting a gaudy auction of all of her possessions, I believe he would have gotten away with it.
     
  12. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    BBM That's not what the DA said... see this Ytube @ 7:24 (he said mandatory life sentence- "unparoleable")

    [video=youtube;RaeB0fpQ2RI]https://www.youtube.com/watch?v=RaeB0fpQ2RI[/video]


    :dunno:
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  13. Tortoise

    Tortoise Well-Known Member

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    I agree he planned it. He only needed Dani Jo to say she was not there and he'd got away with it already. He'd tell Dani Jo what he was about to tell the cops was a necessary lie because they were out to get him and he may end up convicted of murder. He'd tell the cops he was driving - had to be because Diane certainly wasn't in the driver's seat. Maybe that's why he left his wine so that he could say he was driving. He'd have no gun shot residue on him thanks to the plastic bag, and he would say some guy with a carrier bag opened the rear door at the red lights and shot Diane from the rear seat when trying to steal the ladies' purses from the rear seat.

    100%.

    IMO.

    ETA Thank goodness for Dani Jo.
     
  14. turaj

    turaj Well-Known Member

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    Well he clearly says Non paroleable sentence but that judge "can add to it"...
    a bit of googling indicates "mandatory" refers to they must get life but rules indicate that they can be eligible for parole after 30 years...guess we need a Ga. lawyer to clarify and in all honestly it is a moot point with this guy.
     
  15. turaj

    turaj Well-Known Member

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    Update from today...indeed Lakeiska Boyd is juror 61. This interview is good and gives some insight into the thinking:
    http://www.cbs46.com/story/38029669/juror-in-tex-mciver-trial-he-was-reckless

    After listening to her clearly they were trying to fit his actions into one of the choices and it was confusing. They felt it was invol manslaughter but went with felony murder?

    Sentencing May 23 and the guidelines are all over the board if you listen to these reports. Guess we will see then.

    She seemed very sincere and guess the judge did the right thing keeping her on...sounds like a good group.
     
  16. BUF

    BUF Well-Known Member

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    O/T..Some were asking about another trial to follow...

    Urghh...it seems like there has been so many trials this year. I've felt like it has been one going into another. I was going to try to take a break for a while, but Jeffrey Willis' trial for Jessica Heeringa's murder is supposed to start May 2.

    He was recently convicted for Rebekah Bletsch's murder and actually has another trial after this one scheduled.

    Grrrr...awful person and quite a character. He was crying in court holding a bible (didn't work...the jury convicted him!). When he came in for sentencing he refused to stay, blowing a kiss to her family as he walked out the door as they were waiting to give impact statements. The sheriff recorded those impact statement and had the deputies transporting him to prison some 150 miles play those impact statements over and over and over the whole ride.

    http://www.mlive.com/news/muskegon/index.ssf/2018/04/willis_returns_to_court_for_he.html

    There is a thread for Jessica on WS.
     
  17. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Bill Crane and Jesse Weber Talk Tex McIver Trial on Law & Crime Network 04/241/8

    [video=youtube;M9BoIImJFj4]https://www.youtube.com/watch?v=M9BoIImJFj4[/video]
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  18. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Tex McIver trial jurors explain tipping point that led them to a guilty verdict

    [video=youtube;pGN9r3h4tv4]https://www.youtube.com/watch?time_continue=34&v=pGN9r3h4tv4[/video]
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  19. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    Breaking down the Tex McIver guilty verdict

    [video=youtube;9yqkMQhXTAM]https://www.youtube.com/watch?v=9yqkMQhXTAM[/video]
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  20. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    In nearly every way, the Tex McIver verdict is confounding
    A look at what jurors decided and what form an appeal could take

    "Occasionally during the course of Tex McIver’s six-week trial in the shooting death of his wife, his bookkeeper and friend Rachel Styles would drive to his Buckhead condo to drop off some meals for him. Pot roast one time. Crab cakes another. “Just comfort food,” she told me. She’d leave the meals with the concierge, because she was, to her chagrin, a witness for the prosecution, meaning she and Tex were forbidden from communicating. It was Styles who had made copies for Diane McIver of what Diane had described as her second will, a will that ultimately was never found, but which became a key facet in the prosecution’s argument that Tex wanted Diane dead.

    Styles was in Florida when yesterday’s verdict came down, watching a live stream on YouTube. On the first count—malice murder—the jury foreman announced, “Not guilty.” But then came guilty verdicts on counts two through five, including felony murder. “I just started bawling,” Styles said this morning. “I was just hysterical.”

    The Tex McIver trial was that rare murder case that compels our attention for reasons that transcend the voyeuristic...

    n many ways—in just about every way—the jury’s verdict was confounding. Acquitting Tex of malice murder meant the state had not proven that he had planned to kill his wife. But convicting him of aggravated assault meant he had intended to shoot her. “That he intended to hurt her but not kill her is totally inconsistent with the state’s theory, which is that he needed her dead in order to resolve his financial problems,” Hall said. Convicting him of aggravated assault was the felony the jury needed to convict him of felony murder, which is when a defendant kills another person in the commission of a felony. Intent to kill is not required.

    Hall believes the McIver verdicts represent what’s called “jury nullification,” in which the jury could not agree on intent to kill, so compromised with a conviction of felony murder. “It doesn’t make legal sense,” Hall said. “There’s going to be a significant number of post-trial motions on this.” A central question the verdict raises, Hall said, is simply, “Was this decision just because the jury was convinced Tex McIver was a bad person?”...

    ...the sheer number of questions—298—raises a potential avenue of appeal for the defense, Hall believes. “What defense lawyers will argue is that Judge McBurney’s policy of allowing jury questions allowed the jury to consider a case that hadn’t actually been put up,” she said. “The state has a burden of proof beyond a reasonable doubt, and if it fails to put forward certain theories or evidence, having this panoply of jury questions that might have been on issues that the state hadn’t raised could be an issue. For 298 juror questions to come in, you start to wonder if that tips the scale away from the state’s burden.”...

    Finally, by Rucker’s account and at least one juror’s, viewing the Ford Expedition where McIver shot his wife was pivotal in reaching its guilty verdicts. That the SUV was not admitted into evidence by the state—McBurney did it himself—is another potential path for appeal, Hall said. “Without the judge admitting the SUV after the close of evidence, the jury would not have been able to sit in the SUV while handling the firearm, something they did not do before the close of evidence. This is a potentially reversible error.”..."

    http://www.atlantamagazine.com/news-culture-articles/nearly-every-way-tex-mciver-verdict-confunding/
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