Lawyer shares words businesswoman allegedly whispered to doctors - CBS46 News

Lawyer shares words businesswoman allegedly whispered to doctors before she died

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Diane McIver (Source: U.S. Enterprises, Inc.) Diane McIver (Source: U.S. Enterprises, Inc.)

According to Tex McIver's criminal defense attorney, Stephen Maples, the doctor who treated Diane McIver at Emory Hospital told him Tex McIver and police sitting in the emergency room that Diane said to her before going into surgery, "It was an accident."

Atlanta police are investigating this case as a homicide, but CBS46 has learned that Tex McIver did not give a statement to police until two days after the shooting. 

A drive back from a weekend at her Putnam County farm turns deadly for Corey Airport Services CEO Diane McIver. It all started by taking a different route then normal.

Maples says Diane's best friend, Dani Jo, took over driving for Tex McIver after the three stopped in Conyers for dinner. Diane sat in the front seat to talk with Dani Jo while Tex slept in the back. Typically the way to their home in Buckhead is to merge onto I-85. But that night they took a detour.

"Traffic was backed up so they got off at the first Exit, 48B," he said.

The attorney says Tex woke up while they were driving along Edgewood Road and asked why they were there. After the women explained why, he asked for the gun that he kept in the center console of the car because there were people in the street. Maples says it's not because of Black Lives Matter protests as stated previously by a family friend. Diane handed the gun to Tex and he drifted back to sleep.

"They crossed Ponce de Leon. They were on Piedmont, they crossed 10th Street. They got somewhere along 12th Street and all she notices is that the the pistol discharged. Tex has no recollection of how this pistol went off or discharged."

Maples says the weapon was a Smith and Wesson 638 five-shot revolver with a concealed hammer. Pictures obtained exclusively by CBS46 show the bullet went directly through the seat where Diane was sitting.

"Tex immediately asked is anybody hurt and Dani Jo said no I'm fine. Diane said, 'I think I've been shot.' Dani Jo actually thought Diane was kidding until she looked over and saw blood," Maples said.

Race to the Hospital

Maples says they drove to Emory Hospital in DeKalb County, rather than the three closer hospitals because they believe Emory is the best hospital in the southeast. 

He says they didn't call 911 because they didn't want to waste time. Tex McIver called the attorney after Atlanta police homicide detectives showed up to the hospital.

Maples says Dani Jo didn't remember exactly where the incident happened, but after talking with police at the hospital she drove with them to Piedmont and 12th Avenues. She believes it was somewhere near there where the gun went off.

Maples says Dani Jo gave a videotaped interview to police that night.

Diane died in surgery early Monday morning but Tex McIver didn't give a statement to police until Wednesday, two days after the incident.  

"He had an anxiety attack, panic attack at about 5 o clock and he was admitted to Emory and treated," Maples said when asked why McIver didn't speak to police Sunday night.

Emory Hospital says they can't verify whether or not Tex was admitted because of privacy concerns.

There are still more questions. Maples won't verify the name of the driver and only refers to her nick name, Dani Jo. Other than releasing a brief police report last week, Atlanta police still hasn't given an update on the case.

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