GUILTY GA - Diane McIver, 63, fatally shot, Atlanta, 25 Sept 2016

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Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Harvey renews his objection to jurors getting back into the SUV with the gun. "The car isn't in evidence." He also says Jury views in Georgia are not considered "evidence." #TexMcIver.


Mike Petchenik@MPetchenikWSB
50s51 seconds ago
Prosecutor tells judge the jurors have already been in the SUV and have held the gun. "This is just putting the two pieces of evidence together." #TexMcIver.
 
Harvey is arguing that the jurors shouldn't be able to view the vehicle with the gun saying a jury view isn't evidence and the vehicle itself isn't in evidence.

I kind of have to agree with him. As others have stated, I just think the jury getting in there and doing their own reenactments is kind of shady.

I sure hope we have a verdict today!
 
Mike Petchenik@MPetchenikWSB
40s41 seconds ago
Harvey also had concern about length of dowel through the front seat not being the same size the experts used showing trajectory of bullet. #TexMcIver.

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Mike Petchenik@MPetchenikWSB
1m1 minute ago
Prosecutor suggests allowing #TexMcIver and attorneys to watch jurors in the SUV. Harvey says "it doesn't sound much like deliberations to me when everyone is watching the jury do what they do."


Mike Petchenik@MPetchenikWSB
47s47 seconds ago
Judge will allow the SUV to be admitted in as evidence, even during deliberations. #TexMcIver.

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Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Judge will also allow the jurors to take the gun into the SUV, but he hints he'll allow them to do it without supervision by #TexMcIver, defense and prosecutors.
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I have to agree with Harvey on these items. You can't watch jurors during deliberations and the SUV wasn't in evidence.

Why wasn't this SUV in evidence...oops.

Judge is putting the SUV in evidence...wow!

If there is a conviction...another appeals issue.
 
Rahul Bali@rahulbali
2m2 minutes ago
The #TexMcIver trial is back in session. Attorneys discussing jury request to see the McIver’s SUV and take the gun used in the shooting of Diane McIver. – at Fulton County Courthouse

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Mike Petchenik@MPetchenikWSB
1m1 minute ago
Harvey to the judge: "You're just doing the work the state failed to do" by admitting the SUV in as evidence during deliberations. He objects. #TexMcIver.


Bill Rankin@ajccourts
3m3 minutes ago
Interesting development in #TexMcIver trial. Judge McBurney puts Ford Expedition into evidence so jurors can take gun down to basement and get in backseat. Judge suggests no lawyers, not even he, should be there when this happens because the jury is deliberating. @AJCBreakdown


Aungelique Proctor@aungeliquefox5
1m1 minute ago
Jury is in a deliberating phase now & can discuss the case as they view the SUV. So, attorneys are now discussing that they and #TexMcIver may not be able to be present. Defense wants Tex present for jury view. Media will not be present. @FOX5Atlanta
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Rahul Bali@rahulbali
1m1 minute ago
Judge Robert McBurney will allow the jury to revisit the McIver’s Ford Expedition and take the .38 that Tex McIver shot Diane McIver. #TexMcIver – at Fulton County Courthouse

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Mike Petchenik@MPetchenikWSB
1m1 minute ago
Judge says he's still mulling over whether #TexMcIver can be there to watch as jurors get into the SUV with the gun.
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Today's the day for the verdict.

I talked to the Shamans this AM and they said so........
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:floorlaugh:

Well about 30 minutes ago I would have agreed but now with this new development I really don't know...It seems that at least one has doubt or we would not be doing another field trip and letlting juors get in that car again WITH the gun to do their own reenactment.
 
am i reading this correctly jury going down to reenact the crime with possibly Tex ? Oh you can't make this up.
 
Mike Petchenik@MPetchenikWSB
1m1 minute ago
Jury about to watch the #APD interview #TexMcIver gave.
 
Natalie Rubino@NatalieCBS46
3m3 minutes ago
Happening right now in court: Jurors re-watch Tex McIver’s interview with police @cbs46 #verdictwatch #texmciver #cbs46


Veronica Waters@MissVWaters
2m2 minutes ago
First up, the #TexMcIver jury will re-watch his lone interview with police, which took place the Wednesday after his wife Diane's fatal shooting on Sunday night. @wsbradio

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Aungelique Proctor@aungeliquefox5
2m2 minutes ago
#texmciver jurors begin reviewing the Tex McIver interview with Atlanta Police 3 days after he shot Diane. Onterview begins with Tex's attorney, Steve Maples explaining the shooting. @FOX5Atlanta – at Fulton County Courthouse

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Rahul Bali@rahulbali
1m1 minute ago
Members of the #TexMcIver jury rewatch Tex McIver’s interview with Atlanta Police. Jurors are either watching or following along with a paper transcript. – at Fulton County Courthouse

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Veronica Waters@MissVWaters
3m3 minutes ago
Key moment I forgot from viewing interview earlier: #TexMcIver's lawyer tells Atlanta Police, "He's holding it down like this. *He didn't play with the hammer. He didn't pull it back to full *advertiser censored*.*" GBI said .38's uncocked hammer needed avg 12.25 lbs of pressure to fire @wsbradio
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Mike Petchenik@MPetchenikWSB
6m6 minutes ago
Jurors seem to be watching the #TexMcIver #APD interview intently. Some are taking notes.



Mike Petchenik@MPetchenikWSB
2m2 minutes ago
Audio inexplicably goes out while jury is watching the #texmciver police interview. Tech problems again.
 
Mike Petchenik@MPetchenikWSB
1m1 minute ago
And...we have audio. #TexMcIver.
 
what a tease...can't wait...I assume state had the same comments made to them from many people that knew them...and they tried so hard to infer the same with Janie and Annie and I guess it remains to be seen if it got any traction.
 
Veronica Waters@MissVWaters
11m11 minutes ago
#TexMcIver motions with hands, tells them, "I was handling the gun...it was in my lap...it went off." The Atlanta Police detectives do not ask him any.details. about it. They ask him about the location, and McIver mentions it was "around Grady somewhere." @wsbradio

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"They ask him about the location, and McIver mentions it was "around Grady somewhere." @wsbradio"

I missed that...come on ...the detectives don't ask questions about that? Or did they. I found it very hard to understand.

That alone makes him guilty of something.
 
"They ask him about the location, and McIver mentions it was "around Grady somewhere." @wsbradio"

I missed that...come on ...the detectives don't ask questions about that? Or did they. I found it very hard to understand.

That alone makes him guilty of something.
You don’t have to be a native Atlantan to know that if someone is shot anywhere near Grady that you immediately go to Grady or call 911 to get an ambulance and paramedics for immediate care en route to Grady. It’s not something that is up for debate, unless you do not want the person to have a chance to survive. I wonder if at this point they know who McIver is and are purposefully giving him special treatment. If not, I think the detective is a few bullets shy of a full cartridge.
 
Although I can see deciding to go ahead and drive to the ER instead of pulling over and calling 911, especially bc Diane remained conscious. Not saying that is the correct way to handle an emergency just saying I can understand it.
 
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