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Where is Tex Mclver now? Atlanta’s high-profile lawyer caught in sinister murder plot of wealthy wife

‘Dateline NBC’ will see a rerun of one of the most high-profile cases in Atlanta this Sunday
PUBLISHED 2 HOURS AGO
Diane was murdered by Tex McIver (@cbs)
Diane was murdered by Tex McIver (@cbs)

LOS ANGELES, CALIFORNIA: Tex McIver was once a prominent attorney in Atlanta, but he became the accused murderer at the focus of a sensational trial that captured the headlines. The unfortunate shooting of his wife, Diane McIver, in 2016 resulted in Tex receiving a life sentence after being initially convicted of felony murder. However, his conviction was later overturned, leading to a new trial and a subsequent plea deal for involuntary manslaughter.

He is currently serving an eight-year sentence and may receive credit for time served, potentially leading to his release as early as mid-2025. His case revealed not only the deception and betrayal present in elite circles but also raised concerns about the fairness of the justice and legal systems in high-profile criminal cases. These issues will be explored in detail on 'Dateline NBC.'

Who is Tex Mclver?

Tex McIver, born Claud McIver, is an Atlanta elitist. He is mainly known for his high-profile criminal case involving the death of his wife, Diane McIver. Born in 1944, Tex had been a successful lawyer who became a partner in a prestigious law firm specializing in labor and employment law. He was also involved in several civic activities and served on the state election board.

The marriage between Tex and Diane had lasted upwards of ten years, and the two were known to be one of Atlanta's better-connected couples. Diane was president of an airport services firm, while Tex remained highly visible due to his being a lawyer. Unfortunately, on September 25, 2016, Diane's life took a sad and tragic turn when riding in an SUV driven by a friend. Diane was shot in the back; Tex was in the back seat of the car. The suspicious circumstances of the incident launched a criminal investigation.

Diane and Tex (@nbc)
Diane and Tex McIver (@nbc)

What happened in the car between Tex Mclver and Diane Mclver?

On September 25, 2016, Tex McIver and his wife Diane McIver were riding in an SUV with a friend, Dani Jo Carter, after returning from their horse farm. Tex was riding in the back seat while Diane sat in the front passenger seat.

While driving in Atlanta, Tex, who had a gun with him, stated that he accidentally fired the weapon and hit Diane in the back. The bullet struck her, and she suffered critical injuries very quickly. Dani Jo drove them to a hospital, where, sadly, Diane was pronounced dead just minutes after arriving.

After the shooting, Tex did and said some things that made police suspicious. It is said that he was more concerned about his finances and how the death of Diane would affect his future than mourning her death. Because of these actions, investigators began to wonder if it was an accident or whether it was something more intentional.

Tex killed Daine intentionally (@nbc)
Tex McIver killed Daine intentionally (@nbc)

Did Tex Mclver accidentally kill Diane Mclver?

Perhaps the single most important question in the case against him is whether Tex McIver deliberately shot his wife, Diane McIver. On September 25, 2016, the couple rode in a sport utility vehicle with a friend when Tex shot Ms McIver in the back. He said it was an accident - that he was trying to secure his gun when it discharged.

Yet, from the outset, questions arose over the shooting's circumstances. Many found Tex to be out of character for a grief-stricken husband. Witnesses testified he was more taken by the financial implications of Diane's death than by showing sorrow for her death.
He wanted to know, for example, about her Social Security benefits.

The prosecution suggested that a financial motive might have driven the shooting. Reports indicated that Tex was experiencing financial difficulties and may have seen Diane's death as a way to escape a difficult situation. On the other hand, Tex's defense put forward that he loved Diane very much, and that the shooting was purely accidental.

Diane's husband Tex claimed innocence (@nbc)
Diane's husband Tex claimed innocence (@nbc)

How did the police find Tex Mclver guilty?

Evidence stacked up against Tex, with eye and ear witnesses, as well as events leading to and after the shooting, which helped police declare Tex McIver guilty of killing his wife, Diane McIver. The fact that Tex did not go into the classical shock of bereavement upon having shot Diane was what made the police suspicious. Witnesses described him as composed, and his questions were more of a scripted in nature rather than grief over her death.

Other than that, investigators found inconsistencies in Tex's account of what happened. While he claimed the shooting was accidental, details in his behavior and statements made after the incident spoke otherwise against his narrative. Also, financial difficulties on Tex's part were a motive that prosecutors cited. They suggested he had a motive to kill Diane since he was dependent on her income and assets, adding to the suspicion about his case.

Diane was killed by Tex (@CNN)
Diane was killed by Tex McIver (@cnn)

Tex Mclver’s initial sentence gets overturned in 2016

After appeals, different legal reasons led to the overturning of Tex McIver's first sentence, as he was convicted in 2018 of felony murder for shooting Diane McIver, and sentenced to life imprisonment. After being found guilty of the crime, an appeal was filed on behalf of Tex through his attorneys on the basis of a mistrial, wherein his attorneys claimed that a number of legal errors were made during the trial that could have turned the jury against him.

Because of this, The Georgia Supreme Court took up Tex's case this June and ruled the jury in his case should have been allowed to consider a lesser charge of misdemeanor involuntary manslaughter instead of being limited to felony murder. That is, the choices available for the jury when deciding upon Tex's fate had been severely limited. 

The court ruled that the prosecution's withholding of the lesser charge was serious enough to have changed the case outcome. In that ruling, a new trial was ordered for Tex McIver. What this means is that Tex McIver could defend himself again on the basis that if the evidence presented allows, he might face a lesser charge. Finally, in January 2024, an involuntary manslaughter plea bargain was entered by Tex.

Tex was sentenced 80 years (@oxygen)
Tex McIver was sentenced 80 years (@oxygen)
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