Interview transcripts reveal Diane McIver's last words - CBS46 News

Interview transcripts reveal Diane McIver's last words

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Diane McIver (Source: WGCL) Diane McIver (Source: WGCL)
ATLANTA (CBS46) -

In transcripts of an interview with Atlanta Police Detective Darren Smith, Dr. Susanne Hardy says Diane McIver told her the shooting was an accident.

Hardy treated Diane at Emory Hospital the night of September 25 after Tex says he accidentally shot his wife on their way home from their Putnam County Farm.

Dr. Hardy said, "I didn't ask that question...but she used the words it was an accident."

Jackie Patterson is a criminal defense attorney and former judge. He says those four words could save Diane's husband, Tex from being convicted of murder.

"First of all, her statement is hearsay. But there's a dying declaration exception of the hearsay rule and Georgia court and most courts around the state consider that the most reliable testimony only because they say when a person is dying, they normally tell the truth," Patterson said.

Although Emory doesn't have a trauma center, doctors worked tirelessly to save Diane. However, Dr. Hardy told Detective Smith that Diane knew she was going to die.

Dr. Hardy said, "When I went to go get the intubation stuff, I guess she was saying 'I'm going to die.'"

Also in the transcript, Dr. Hardy said she asked Diane if she wanted to see her husband. Diane said, "no." Patterson says that could help the prosecution.

"I've heard of occasions where relatives don't want the other relative to see them expire but you can also interpret it another way to say 'look we weren't getting along,'" Patterson added.

Diane was shot near Piedmont Park. The closest hospitals are Grady and Piedmont. But Tex wanted to take her to Emory. Dr. Hardy told police their team isn't used to treating patients with gun shot wounds.

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