‘Dateline NBC’: Who killed Diane Mclver? Atlanta’s business tycoon killed in deadly money plot
LOS ANGELES, CALIFORNIA: When a prominent Atlanta businesswoman died under shocking circumstances, the tragedy unraveled a tale of true wealth, bitter betrayal, and untimely tragedy. Diane was fatally shot in the back while riding in an SUV. An investigation into this heinous act revealed a complex web of financial struggles and ulterior motives.
But as police implicated her husband, Tex McIver, the courtroom revelations saw a possible deadly plot which was intertwined with love and greed. 'Dateline NBC' examines this riveting story yet again in its Sunday rerun episode, about what led to Diane's death and how those close to her would adjust to her being gone.
Who was Diane Mclver?
Diane McIver, from Atlanta, Georgia, was a wealthy businesswoman involved in various enterprises and industries where she held the presidency under the corporate entity US Enterprises. She was known for her wealth and influential position within her business circles. Diane was married to a lawyer named Claud "Tex" McIver, and the couple enjoyed high standing in Atlanta society.
In September 2016, life got even worse as she was shot and killed while riding in an SUV with her husband and a close friend. Sitting in the back, he had asked for his gun for protection, he claimed, because he was worried about the neighborhood they were driving through. In a tragic turn of events, the gun discharged, striking Diane in the back. She would later die at the hospital. The case received national attention because the argument of Tex McIver was that it was an accident, and then you have the prosecution saying otherwise intentionally murdering her to get to her fortune.
Who handed the gun to Diane Mclver and her husband Tex Mclver in their car?
While Diane McIver was sitting in the front passenger seat, her best friend Dani Jo Carter was driving the car. Diane's husband, Tex McIver, was in the backseat behind her. As they were driving through an Atlanta neighborhood on their way home, Tex McIver, who had been dozing off, woke up and commented that the neighborhood was bad. He then requested his gun - a .38-caliber revolver - which was located in the car's center console.
Diane McIver handed it to him from the front seat. The gun was in a plastic grocery bag, and Tex put it on his lap. As they continued driving later, the gun discharged and shot Diane in the back. Tex said it was an accident, but that incident brought a lot of litigation because prosecutors claimed he deliberately shot his wife.
How did the police find Tex Mclver’s hidden motive behind the murder?
Police had the perception that a covered-up motive, on the part of Tex McIver, was attached to the killing of his wife, Diane, for financial reasons. During this process, prosecutors contended that Tex, a prominent attorney- was in financial straits and wanted to get control of Diane's wealth.
By the investigation, it was apparent that Diane McIver was a businesswoman who enjoyed a success profile and, therefore, was a wealthy lady. Investigators were of the opinion that Tex must have been driven by the amount he would have had access to when she died, given the couple's good financial position.
Although Tex claimed that the shooting was accidental, prosecutors pointed out discrepancies in his story. During his trial, prosecutors called in expert witnesses, one of whom testified that Tex might have deliberately elevated the gun before firing. Added to the financial angle, this led police to believe that Tex might have a deeper motive beyond an accidental shooting.
A witness testified Tex Mclver shot Diane Mclver because of a ‘sleep disorder’ during the trials
One of the many witnesses called to testify during the trial of Tex McIver testified that his shooting of Diane McIver might have been due to some sleeping disorder. The lawyer for the defense argued that Tex had a condition whereby he would involuntarily move when startled awake. At the time, Tex was sleeping in the backseat of the car as they were driving through an area of town that he referred to as a "bad area." Diane handed his gun to him.
The defense theorized that perhaps Tex had been jarred awake with the gun in his hand and, in his groggy state in which he was awakened, he might have had an involuntary discharge of the weapon. The testimony was to show that the shooting was an accident and not deliberate. The defense was trying to prove that Tex had an uncontrollable sleep disorder that affected his response at the time when Diane died tragically. This argument notwithstanding, the prosecution continued to hold that Tex had a financial motive for having deliberately killed his wife.
Tex Mclver’s sentenced to 80 years in prison
Atlanta lawyer Tex McIver, 79, was sentenced to serve 80 years in prison after a jury found him guilty of shooting and killing his wife, Diane McIver, back in 2016. In court, prosecutors said Tex had a clear financial motive, his income had plummeted and he desperately needed Diane's money to pay his mounting bills. The defense maintained the shooting was a tragic accident. Unfortunately for him, the jury found Tex guilty of felony murder-meaning the killing was done while committing another crime, this case being aggravated assault.
The judge in 2018 gave him life for murder and tacked on more years for related charges, including influencing a witness. In 2023, the Georgia Supreme Court threw out his murder conviction, citing that a jury should have the option to convict him of involuntary manslaughter. By 2024, Tex McIver has been serving and is up for a retrial of the charges.
Tex Mclver said he was ‘sorry’ for shooting his wife
During the court proceedings, Tex expressed his deep sorrow over his wife's tragic death. He repeatedly claimed that it was an accident and he never intended to harm her, as she was the love of his life.
His apology and assurance that he thought of it as an accident did little to prevent people from being suspicious of his subsequent behavior. Indeed, instead of acting as if he were in shock, Tex seemed more concerned about financial matters, such as Diane's Social Security benefits and the selling of her belongings. In this case, his behavior called into question whether the shooting was really accidental.
Tex felt sorry for the tragic episode, but at trial, his words didn't help. He was convicted of felony murder and sentenced to life in prison. In 2022, his conviction was overturned. The following year, in 2024, he took an involuntary manslaughter plea deal. He had already served eight years, which was considered enough. Even then, people doubted whether Tex's apology was really sincere or not.
